Fairness in Consumer Contracts

The Case of Unfair Terms

By: Chris Willett

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Hardcover | 28 October 2007 | Edition Number 1

At a Glance

Hardcover
476 Pages

Edition Type
New edition

Dimensions(cm)
23.39 x 15.6 x 2.69

Hardcover

RRP $336.00

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This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Industry Reviews

'For the typical consumer 'freedom of contract' is often a slogan that has little connection to reality. Negotiation is rarely feasible. And so the law intervenes in pursuit of a fairer outcome than is generated by the market. But how do we understand 'fairness' mandated by law? In this book Chris Willett provides a thorough and thoughtful investigation.' Stephen Weatherill, Somerville College, University of Oxford, UK 'This timely book presents a sustained and penetrating analysis of the key articulations of (un)fairness in the law of consumer contracts. If we are to improve our understanding of the principal pieces in this particular regulatory jigsaw - "good faith", "transparency", "inequality of bargaining strength", "significant imbalance", "consumer choice", "reasonable expectation", and the like - as well as their interrelationships, then Willett's expert commentary is essential reading.' Roger Brownsword, King's College London, UK

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