Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment (eBook)


ISBN13: 9781108555418
Published: April 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £30.99
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in
Korea, [North] Democratic Peoples Republic Of

Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.30am to 5.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

The phrase 'sanctity of contracts' implies that contracts should always be strictly enforced. But when this objective is relentlessly implemented ruinous burdens are sometimes imposed on one party and extravagant enrichments conferred on the other.

Despite recognition of the need to control highly unreasonable contracts in various particular contexts, there remain many instances in which the courts have refused to modify unreasonable contracts, sometimes with extravagant results that are avowedly 'grotesque'. In the computer age assent may be inferred from a click on a screen in the absence of any real agreement to the terms, which are often very burdensome to the user.

In this book, arguments are advanced in favour of recognition of a general judicial power to relieve against highly unreasonable contracts, not only for the benefit of the disadvantaged party, but for the avoidance of unjust enrichment, and for the avoidance of anomalous gaps in the law.

  • Explores the various techniques, derived from equity and from other sources, which have enabled the court to modify highly unreasonable contracts, revealing that large gaps remain
  • Explores the relation between law and equity, and the relation, in this context, of both with the law of unjust enrichment
  • Proposes a general judicial power to modify contracts in order to avoid consequences that are highly unreasonable

Subjects:
Contract Law, eBooks
Contents:
Preface
1. Introduction
2. Concepts derived from equity
3. Duress
4. Interpretation and implied terms
5. The limits of enforcement
6. Conclusiveness of documents in the digital age
7. Unconscionability, good faith, and abuse of rights
8. Unjust enrichment
9. Law and equity
10. Judicial powers in relation to legislation
11. Judgment, powers, and discretion
12. Public policy
13. Conclusion.