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Regulating Contracts$
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Hugh Collins

Print publication date: 2002

Print ISBN-13: 9780199258017

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199258017.001.0001

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Unfair Contracts

Unfair Contracts

Chapter:
(p.256) 11 Unfair Contracts
Source:
Regulating Contracts
Author(s):

Hugh Collins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199258017.003.0011

This chapter examines the regulation of unfairness in contracts in the strict sense of an imbalance between the performances required by each party under the contract. It challenges two popular views: that instances of unfairness in contracts are illusory and that effective legal regulation to combat (the supposed non-existent) problem of unfairness is either impossible or counter-productive. The chapter argues that the modern type of regulatory discourse evolving through private law has the capacity to produce effective regulation designed to combat instances of unfairness in contracts.

Keywords:   unfairness, legal regulation, market failure, contractual regulation

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