The control of contractual unfairness through judicial and legislative means has become an increasingly important issue for modern contract law. Building on the study undertaken in previous topics, this topic investigates the different ways in which contractual unfairness is addressed through the doctrine of unconscionability either in creating or avoiding liability. The areas covered include good faith (in negotiation, performance and termination of contract), duress, undue influence, unconscionability (in its own right), misinformation and privity of contract.
This topic will also provide advanced instruction and training on legal writing.
This topic aims to: