Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Contracts by Unfair Advantage PDF full book. Access full book title Contracts by Unfair Advantage by Rick Bigwood. Download full books in PDF and EPUB format.
Author: Rick Bigwood Publisher: ISBN: Category : Languages : en Pages :
Book Description
This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By `pure advantage-taking` it is meant that D in some sense took `unfair advantage of` a special bargaining weakness or vulnerability that D found `ready-made` in P: D neither caused P`s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts consistently assert (or imply) that the doctrines of undue influence and unconscionable dealing are ordered, ostensibly exclusively, by a common law precept against interpersonal exploitation, and that judges are, when they invoke those doctrines, responding precisely to that particular concern. It is argued here, however, that the exploitation concept serves, or ought to be seen as serving, no necessary justificatory function in relation to state-assisted rescission or suppression of contracts objectively formed at common law. Instead, a principle of (what I shall call) `transactional neglect` should be seen to eclipse and subsume the exploitation concept as the prevailing justification for interference with apparent contracts in pure `unfair advantage` situations. The advocated shift is thus away from `exploitation` towards `transactional neglect`-D`s corrective liability for failure to take reasonable precautions against the risk of foreseeable transactional harm to P, when P and D were, knowingly to D at the time, bargaining under conditions that make `exploitation` possible.
Author: Rick Bigwood Publisher: ISBN: Category : Languages : en Pages :
Book Description
This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By `pure advantage-taking` it is meant that D in some sense took `unfair advantage of` a special bargaining weakness or vulnerability that D found `ready-made` in P: D neither caused P`s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts consistently assert (or imply) that the doctrines of undue influence and unconscionable dealing are ordered, ostensibly exclusively, by a common law precept against interpersonal exploitation, and that judges are, when they invoke those doctrines, responding precisely to that particular concern. It is argued here, however, that the exploitation concept serves, or ought to be seen as serving, no necessary justificatory function in relation to state-assisted rescission or suppression of contracts objectively formed at common law. Instead, a principle of (what I shall call) `transactional neglect` should be seen to eclipse and subsume the exploitation concept as the prevailing justification for interference with apparent contracts in pure `unfair advantage` situations. The advocated shift is thus away from `exploitation` towards `transactional neglect`-D`s corrective liability for failure to take reasonable precautions against the risk of foreseeable transactional harm to P, when P and D were, knowingly to D at the time, bargaining under conditions that make `exploitation` possible.
Author: Nelson Enonchong Publisher: ISBN: 9780414110571 Category : Duress (Law) Languages : en Pages : 0
Book Description
"Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Publisher's website.
Author: Mindy Chen-Wishart Publisher: Oxford University Press, USA ISBN: 0198850425 Category : Law Languages : en Pages : 689
Book Description
The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.
Author: Mary Charman Publisher: Routledge ISBN: 1134037872 Category : Law Languages : en Pages : 355
Book Description
Pt. 1. The formation of a contract -- pt. 2. The contents of a contract -- pt. 3. Vitiating factors -- pt. 4. Discharge and remedies -- pt. 5. Consumer protection -- pt. 6. General questions on contract law -- pt. 7. Studying contract law.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: John C. P. Goldberg Publisher: Cambridge University Press ISBN: 1108421318 Category : Law Languages : en Pages : 483
Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author: United States. National Labor Relations Board. Office of the General Counsel Publisher: U.S. Government Printing Office ISBN: Category : Law Languages : en Pages : 68
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Rick Bigwood
Author: Rick Bigwood
Author: Nelson Enonchong
Author: Sinai Deutch
Author: Mindy Chen-Wishart
Author: Lance A. Compa
Author: Mary Charman
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Author: John C. P. Goldberg
Author: United States. National Labor Relations Board. Office of the General Counsel
Author: American Bar Association. House of Delegates