Jump to ContentJump to Main Navigation
Good Faith and Fault in Contract Law$
Users without a subscription are not able to see the full content.

Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts

Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts

Chapter:
(p.231) 9 Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts
Source:
Good Faith and Fault in Contract Law
Author(s):

Hugh Beale

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0009

This chapter deals with the topic that has assumed major importance in modern contract law, namely legislative control of unfairness. It discusses the difficulties raised by standard contracts and argues that usually the issue is not unconscionable behaviour but unfair surprise and lack of choice. It analyses the provisions of the United Kingdom's Unfair Contract Terms Act 1977, as well as the European Commission's Directive on Unfair Terms in Consumer Contracts and its possible impact on English law. In this context, the chapter discusses the conceptual problem raised by the Directive's test of unfairness, which is based, inter alia, on the concept of good faith. It also points to the need to face up to the phenomenon of mass contracting and welcomes the fact that the Directive enables and welcomes collective action by consumer organizations while expressing disappointment with its substantive requirements.

Keywords:   contract law, unfairness, unfair contract, directive, unfair terms, consumer contracts, English law, good faith, mass contracting

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .