StephenWaddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00.
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Authors
Agnew, Sinéad
Publication Date
2020-11Journal Title
The Modern Law Review
ISSN
0026-7961
Publisher
Wiley
Volume
83
Issue
6
Pages
1376-1380
Language
en
Type
Article
This Version
AM
Metadata
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Agnew, S. (2020). StephenWaddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00.. The Modern Law Review, 83 (6), 1376-1380. https://doi.org/10.1111/1468-2230.12558
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.
Identifiers
External DOI: https://doi.org/10.1111/1468-2230.12558
This record's URL: https://www.repository.cam.ac.uk/handle/1810/330055
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