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Part IV Validity, 21 Excessive Benefits and Unfair Advantages

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
26 January 2012
ISBN:
9780199572984

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Subject(s):
56e2c07e-f57c-4e4c-92ba-bdb890fac71b — cb90abb3-c195-44a2-941c-62978a977ecd
21.01 All jurisdictions with a market economy struggle with the question of regulating contracts which result in an obviously unjust outcome as between the parties. This is often referred to as ‘substantial’ contractual injustice.1 Instead, as the previous chapters of this work demonstrate, legal systems are far more willing to address ‘procedural’ contract injustice—that is, to interfere when there has been a perceived defect in the contracting process irrespective of the actual outcome. However, even where there has not been one of the defined defects in the...
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