Sinéad Agnew, Review of Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams

Stephen Waddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00. 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. The book is elegantly and succinctly written, and the breadth and depth of Professor Waddams’ scholarship is apparent …

Sinéad Agnew, Waddams, Stephen, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00, Modern Law Review, https://doi.org/10.1111/1468-2230.12558. First published: 13 July 2020.

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