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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Welfarism in Contract Law

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ISBN13: 9781855212466
ISBN: 1855212463
Published: October 1994
Publisher: Routledge
Format: Hardback
Price: Out of print

The law of contract increasingly takes account of ""welfarist"" considerations (the need to protect vulnerable parties, for example). This book, focusing on English and Finnish law, analyzes the coherence of welfarist ideals and explores seminal ideas of procedural and substantive fairness.

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The philosophy of welfarism and its emergence in the modern English law of contract, Roger Brownsword; the philosophy of welfarism and its emergence in the modern Scandinavian contract law, Thomas Wilhelmsson; disclosure of information and welfarism, Hugh Collins; Scandinavian techniques for controlling fairness in contracts, Juha Hayha; regulatory fairness and promoting welfarism in contract - an institutional perspective, Robert Bradgate et al; procedural and substantive fairness in Finnish contract law, Juha Poyhonen; welfarism and the re-negotiation of contracts, Steven Fennell and Simon Ball; unconscionability and the standard form contract, John N. Adams; comments on welfarism and contract law, Stephen M. Waddams; protection of the weak party in Dutch contract law, Ewoud H. Hondius; the EC Unfair Contract Terms Directive and welfarism, Roger Brownsword et al. Appendices: case studies; council directive 93/13/EEC.