- Construction of contract — Interpretation of contract — Performance of contract — Goods — Obligations of the buyer — Obligations of the seller
This chapter explores excessive benefits and unfair advantages. All jurisdictions with a market economy struggle to regulate contracts with substantial contractual injustice. The chapter explains how gross disparity focuses on civil law jurisdictions, whereas unconscionability primarily examines common law jurisdictions. Gross disparity refers to an unusually significant difference between the obligations assumed by each party at the time of the conclusion of the contract. Meanwhile, some jurisdictions need the additional element of some kind of abusive conduct or blameworthy behavior. The chapter notes adaptation of the contract is another solution against gross disparity. It explains unconscionability is a concept that needs a high level of moral obloquy.
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