Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Contracts

Selected Works

2009

Contract

Articles 1 - 2 of 2

Full-Text Articles in Law

Balance Of Power, Certainty And Discretion In The Franchise Relationship: An Analysis Of Contractual Terms, Elizabeth Crawford Spencer Aug 2009

Balance Of Power, Certainty And Discretion In The Franchise Relationship: An Analysis Of Contractual Terms, Elizabeth Crawford Spencer

Elizabeth Crawford Spencer

Executive Summary: Balance of power is a factor in considerations of fairness in the formation of contracts and in Australia is an express factor in determining unconscionability in contract formation and performance. Certainty is essential to business confidence that underpins planning and investment. Certainty is also a factor in evaluating what parties have agreed to in making the contract. Discretion, if it is too wide, may no longer represent the true intentions of the parties, but may instead be an indication of other forces, including asymmetries in the power relationship. These issues are of particularly significance in franchising; redressing imbalance …


Contract Law – The Remedies: Towards Codification Of The Civil Law, Dr. Yehuda Adar, Prof. Gabriela Shalev Jan 2009

Contract Law – The Remedies: Towards Codification Of The Civil Law, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

-This Book is in Hebrew-