Chris Willett provides a systematic analysis of good faith and fairness in consumer contracts. A controversial and topical issue, the book examines the complexity of 'fairness' as a legal and moral concept and its relationship with wider socio-economic policies such as European integration.
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
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