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Part IV Validity, 21 Excessive Benefits and Unfair Advantages

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
14 June 2022
ISBN:
9780198871255

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Subject(s):
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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