Chapter

Threats and Excessive Benefits or Unfair Advantage

Jacques du Plessis

in European Contract Law

Published by Edinburgh University Press

Published in print February 2006 | ISBN: 9780748624256
Published online March 2012 | e-ISBN: 9780748651429 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748624256.003.0006
Threats and Excessive Benefits or Unfair Advantage

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This chapter examines the issue of threats and excessive benefits or unfair advantage under European contract law. It evaluates the proposition that many of the solutions found by the draftsmen of the Principles of European Contract Law (PECL) have been anticipated in the mixed systems of South Africa and/or Scotland, and analyses the laws of contract of these systems from a comparative perspective. The chapter argues that mixed systems and PECL could benefit from reconsidering their refusal to assist weak parties by making use of presumptions of impropriety.

Keywords: threats; unfair advantage; European contract law; PECL; mixed systems; South Africa; Scotland; presumptions of impropriety

Chapter.  12271 words. 

Subjects: Company and Commercial Law

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