By Camilo A. Rodriguez-Yong*
(2011) Oxford U Comparative L Forum 1 at ouclf.law.ox.ac.uk | How to cite this article
Table of contents
- Introduction
- 1. The Doctrine of Unconscionability
- 2. The Doctrine of Abusive Clauses
- 3. The Doctrines of Unconscionability and Abusive Clauses – Are They So Different?
- 3.1. The Doctrines of Unconscionability and Abusive Clauses Arise as a Consequence of the Abuse of Right to Contract
- 3.2. The Doctrines of Abusive and Unconscionable Contract or Clause Apply to Agreements Imposed or Drafted by Only One of the Parties
- 3.3. The Party Who Has Drafted the Contract or Clause Has More Bargaining Power than the One Who Accepts the Contract
- 3.4. The Doctrines of Unconscionability and Abusive Clauses Arise in Contracts Where There is a Significant Imbalance Between the Rights and Obligations Assumed by the Parties
- 3.5. The Control Mechanisms Used to Avoid the Inclusion of Unconscionable and Abusive Clauses
- 4. Conclusion
- Endnotes