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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

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 February 2024

Performance of contract — Burden of proof and damages
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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