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Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions

20 Pages Posted: 25 Oct 2010  

Stephen Michael Waddams

University of Toronto - Faculty of Law

Date Written: October 22, 2010

Abstract

English contract law has, by a variety of methods, set aside or refused to enforce transactions that are extremely disadvantageous to one of the parties. The inclusion in the Draft Common Frame of Reference of a general power to this effect suggests that many European systems have often also reached similar results. These cases might, from one perspective, be regarded as instances of paternalism and infringements of autonomy, but other considerations have been relevant, including public policy, avoidance of unjust enrichment and whether the party seeking enforcement has had a legitimate interest in doing so.

Suggested Citation

Waddams, Stephen Michael, Autonomy and Paternalism from a Common Law Perspective: Setting Aside Disadvantageous Transactions (October 22, 2010). Erasmus Law Review, Vol. 3, No. 2, 2010. Available at SSRN: https://ssrn.com/abstract=1697515

Stephen Michael Waddams (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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