Cambridge University Press, 2019. Hardback, 8vo, xvi,235pp. Spine ends very slightly bumped. A good copy. 9781108425674 . (Please note that our condition gradings are stricter than those of Abebooks and many other sellers. There may therefore be a discrepancy between this description and its listed condition grading).

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Bibliographic Details

Title: SANCTITY OF CONTRACTS IN A SECULAR AGE. Equity, Fairness and Enrichment
Publisher: Cambridge University Press
Publication Date: 2019
Language: English
ISBN 10: 1108425674
ISBN 13: 9781108425674
Binding: Hardcover
Condition: Very Good
Dust Jacket Condition: No jacket

About this title

Synopsis

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.

About the Author

Stephen Waddams is Goodman/Schipper Professor of Law at the University of Toronto, and author of a number of articles and books, including Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning (Cambridge, 2003), and Principle and Policy in Contract Law: Competing or Complementary Concepts? (Cambridge, 2011).

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