Fixing Unfair Contracts PDF Download
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Author: Omri Ben-Shahar
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically - what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The Article explores in depth the third criterion - the minimally tolerable term - under which the smallest intervention that is necessary is applied. This criterion, which has received no prior scholarly notice, is surprisingly prevalent in legal doctrine. The Article surveys its ubiquity and explores its conceptual and normative underpinnings.
Author: Omri Ben-Shahar
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically - what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The Article explores in depth the third criterion - the minimally tolerable term - under which the smallest intervention that is necessary is applied. This criterion, which has received no prior scholarly notice, is surprisingly prevalent in legal doctrine. The Article surveys its ubiquity and explores its conceptual and normative underpinnings.
Author: Sinai Deutch
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
Author: British Columbia Law Institute. Unfair Contracts Relief Project Committee
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 7
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Book Description
Author: Sinai Deutch
Publisher:
ISBN:
Category : Standardized terms of contract
Languages : en
Pages : 0
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Book Description
Author: Mindy Chen-Wishart
Publisher: Oxford University Press, USA
ISBN: 0198850425
Category : Law
Languages : en
Pages : 689
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Book Description
The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270681
Category : Law
Languages : en
Pages : 500
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Book Description
This issue of the Stanford Law Review contains studies of law, history, and social policy by recognized scholars on such diverse topics as fixing unfair contracts (by Omri Ben-Shahar), using DNA forensics to identify family members in criminal cases and other legal matters (by Natalie Ram), and the ethics of lawyers holding onto real evidence such as guns,tapes, and drugs (by Stephen Gillers). In addition, extensive student work explores the history of religious freedom and the First Amendment, as well as the use of amicus curiae briefs in the Supreme Court after an opinion below is abandoned by a party. The Stanford Law Review was organized in 1948. Each year the Law Review publishes one volume, which appears in six separate issues between December and July. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 4 for April 2011. In the ebook editions, all footnotes, graphs, and Tables of Contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Gardiner, Caterina
Publisher: Edward Elgar Publishing
ISBN: 1800886179
Category : Law
Languages : en
Pages : 240
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Book Description
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Author: R. G. Lawson
Publisher: Sweet & Maxwell
ISBN: 0414045769
Category : Law
Languages : en
Pages : 368
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Book Description
For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
Author: Brian Bix
Publisher: Cambridge University Press
ISBN: 0521850460
Category : Law
Languages : en
Pages : 217
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Book Description
This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 0191074411
Category : Law
Languages : en
Pages : 531
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Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
