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

Contract Law

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

By Stephen Waddams
Cambridge University Press November 2020

Specifications

ISBN-13
9781108443111
Publisher
Cambridge University Press
Publication
November 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

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.

Table of 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.
HKD 428.74 −3%
HKD 442.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Contract Law

View all
The Law on Contracts
LexisNexis Singapore

The Law on Contracts

Rommel J. Casis
HKD 269.64
Choice of Law in International Commercial Contracts
Oxford University Press

Choice of Law in International Commercial Contracts

Daniel Girsberger; Thomas Kadner Graziano; Jan L Neels
HKD 3,530.80
Accounting for Profit for Breach of Contract
Hart Publishing

Accounting for Profit for Breach of Contract

Katy Barnett
HKD 1,197.95
Hyperinflation in England: The Aftermath 2016
Sweet & Maxwell U.K.

Hyperinflation in England: The Aftermath 2016

Mohammad Fawaz
HKD 2,141.76
Public Procurement and Contract Law: Exploring Intersections, Defining Boundaries New
Hart Publishing

Public Procurement and Contract Law: Exploring Intersections, Defining Boundaries

Marta Andhov; Michal Kania; Sylvie Cecile Cavaleri
HKD 1,197.95
The Common Law of Obligations: Divergence and Unity
Hart Publishing

The Common Law of Obligations: Divergence and Unity

Andrew Robertson; Michael Tilbury
HKD 567.32