Category Archives: Unconscionability and Unfair Terms

Marco Farina, ‘Unfair Terms and Supplementation of the Contract’

ABSTRACT Article 6, paragraph 1 of Directive 1993/13/EEC provides that unfair terms shall not be binding, whereas the contract shall continue to bind the parties with regards to the terms that can still be effective. Such a rule pursues the particular interest of the consumer, along with the more general interest towards an efficient and […]

A Christian Airhart, ‘Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams’

ABSTRACT What conditions must be met before the law will enforce a promise? If one asks lawyers and students from across the common law world, they will answer: an offer, an acceptance of the offer, and a mutual exchange of value. Of course, they will add, it is not as simple as that; such a […]

Jillian Craigie, ‘Conceptualising “Undue Influence” in Decision-Making Support for People with Mental Disabilities’

ABSTRACT A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue […]

‘Egyptian Law and Contractual Justice’

“My doctoral thesis compares three legal systems are concerned, the French, the English and the Egyptian one. The choice of English law, in particular, is justified by the fact, that in practice, in recent years, English law has begun to take place on the Egyptian legal scene, especially in matters of arbitration and commercial contracts. […]

Nelson Enonchong, ‘The state of the doctrine of unconscionability in Singapore’

ABSTRACT In EC Investment Holding Pte Ltd v Ridout Residence Pte Ltd (2010), the Singapore High Court declared that unconscionability as a vitiating factor in contract did not form part of the law of Singapore. That statement was the culmination of growing judicial doubts as to the status of the doctrine of unconscionability in Singapore. […]

Jacobien Rutgers, ‘Fair private governance for the platform economy: EU competition and contract law applied to standard terms’

ABSTRACT In recent years a platform economy has emerged that is dominated by undertakings such as Google, Amazon, Facebook, Apple and Microsoft. They have established a form of private governance vis-à-vis their consumers and customers by means of standard terms that create a risk of exploitation. This trend clashes with the internal market effort of […]

‘Of unfair terms, novation agreements and other not so magical creatures – CJEU in C-19/29’

“Dear readers, as the spring advances (not really, for those of us in continental Europe, but we keep faith), we should catch up with some case-law developments from the past weeks. Hereby, thus, a quick overview of a somewhat convoluted case decided by the CJEU on 29 April – IW v Bank BPH SA. After […]

‘Can you exclude or limit liability for a deliberate breach of contract?’

“The short answer to this question is yes. But matters become slightly more complicated when considering how this can be done. In Mott MacDonald Ltd v Trant Engineering Ltd, the claimant (MM), an engineering contractor, brought a claim for alleged non-payment of its fees by the defendant (Trant) for the provision of design consultancy services […]

‘Contract Law v Tort Law’

Zahra Takhshid, ‘Assumption of Risk in Consumer Contracts and the Distraction of Unconscionability’, 42 Cardozo Law Review (forthcoming, 2021), available at SSRN. It has been a while since many of us have been able to attend the gym. Yet, before Covid-19, those committed to working out in this setting were kindly asked (read: required) to […]

Ned Dobos, ‘Are strikes extortionate?’

ABSTRACT Workers who go on strike are sometimes accused of holding their employer ‘to ransom’, the implication being that strike action is a kind of extortion. The paper provides an analytical reconstruction of this objection, before presenting and interrogating different strategies for countering it. The first says that work-stoppages can only be extortionate if they […]