… This article identifies three key problems with the current use of Wednesbury to control the exercise of discretion in contract law. First, there are misconceptions about the nature of Wednesbury review in contract law as evinced in two dubious distinctions. Secondly, the intensity with which courts should apply Wednesbury unreasonableness is unclear. Finally, the contents of Wednesbury unreasonableness have been considered vague, leading to uncertainty in its application. This article proposes solutions to each of these problems by examining the jurisprudence and discourse on Wednesbury in public law. We do not claim to have exhaustively identified the problems of Wednesbury unreasonableness in contract law nor the lessons that can be drawn from public law. However, the three problems identified are the core ones that have to be resolved for a coherent and principled application of Wednesbury in contract law …
Ernest Lim and Cora Chan, ‘Problems with Wednesbury unreasonableness in contract law: lessons from public law’ (2019) 135 Law Quarterly Review 88.