Unfair Contracts Relief

The common law and equity have long had doctrines that allow a court to refuse to enforce an otherwise-valid contract because it is unfair. In addition, a number of statutes have been enacted to provide further protection for specific groups and to give courts greater remedial flexibility. The project will examine and evaluate selected laws and consider whether legislative restatement or reform is needed in the light of the application of the law to current economic and social conditions.

This project is generously supported by the Law Foundation of British Columbia.

Keywords: contract, unconscionability, duress, undue influence, good faith, misrepresentation, exclusion clause, unfair contract, Contract Fairness Act, remedies, consumer protection, consumer financial & debt, inequality of bargaining power, general principles of contract law