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Vulnerable Adults and the Law$
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Jonathan Herring

Print publication date: 2016

Print ISBN-13: 9780198737278

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198737278.001.0001

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Contract Law and Vulnerability

Contract Law and Vulnerability

Chapter:
(p.225) 8 Contract Law and Vulnerability
Source:
Vulnerable Adults and the Law
Author(s):

Jonathan Herring

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198737278.003.0008

This chapter looks into the law of contract and its relationship to the concept of vulnerability. Contract law is an example of where the law favours the contractor who does not reach out to the other party and is self-contained, is suspicious of the contractor who lives in relationships with others, and sees relationships as reducible to a single moment of time (the entering of the contract). Contract law notably takes account of vulnerable contractors and uses a range of devices, such as the law on unconscionable bargains and the doctrine of undue influence, to protect them. The chapter suggests a revision of current contract law, emphasizing the need to recognize the responsibilities have towards each other, and where the aim of contracts is to provide a framework for an ongoing relationship which promotes the interests of both parties.

Keywords:   contract, vulnerable, mistake, misrepresentation, duress, undue influence, unconscionability, good faith

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