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European Contract LawScots and South African Perspectives$
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Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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Threats and Excessive Benefits or Unfair Advantage

Threats and Excessive Benefits or Unfair Advantage

(p.151) 6 Threats and Excessive Benefits or Unfair Advantage
European Contract Law

Jacques du Plessis

Edinburgh University Press

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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