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StephenWaddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00.

Accepted version
Peer-reviewed

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Article

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Authors

Agnew, Sinéad 

Abstract

This book reinvigorates the debate about the place of substantive fairness in contract law. Its central argument is that it is time we recognised a general judicial power to relieve against highly unreasonable contracts. The book suggests that in fact the courts have been modifying such contracts for a long time both in equity and at common law, but that anomalies, inconsistencies and gaps remain, which make the recognition of a residual judicial power to modify contracts on this ground desirable; and it invokes the concept of unjust or disproportionate enrichment as a justification for judicial intervention.

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Keywords

48 Law and Legal Studies

Journal Title

The Modern Law Review

Conference Name

Journal ISSN

0026-7961
1468-2230

Volume Title

83

Publisher

Wiley