Threats and Excessive Benefits or Unfair Advantage
Threats and Excessive Benefits or Unfair Advantage
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
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