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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