News from the British Columbia Law Institute likely to interest this group -
The British Columbia Law Institute has published today its Report on
Proposals for Unfair Contracts Relief. The report recommends that
British Columbia enact a Contract Fairness Act to consolidate and
modernize the leading concepts that contract law deploys against
contractual unfairness.
?The current law on contractual unfairness is largely found in court
cases and this body of precedent contains needless complexities, gaps,
and uncertainties,? noted committee chair Prof. Joost Blom, QC. ?The
time is ripe to address these issues and make the law more certain and
accessible by enacting legislation.?
The proposed Contract Fairness Act will clarify vexing ambiguities in
the application of unconscionability, duress, and undue influence,
create a framework for integrating those concepts, provide for a duty
of good faith in the performance of contracts and supply a definition
of ?good faith,? and address concerns about remedies for
misrepresentation.
Copies of the report and two backgrounders summarizing its contents
and main arguments are all available for downloading at no charge on
the Unfair Contracts Relief project page,
http://bcli.org/bclrg/projects/unfair-contracts-relief.
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Hector L MacQueen
Professor of Private Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
UK
SSRN
http://ssrn.com/author=463210
Currently working at the Scottish Law Commission tel: (UK-0)131-662-5222
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The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.