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(p. 223) 11. Discharge of Contract and Remedies for Breach 

(p. 223) 11. Discharge of Contract and Remedies for Breach
(p. 223) 11. Discharge of Contract and Remedies for Breach

James Marson

and Katy Ferris


Note: An update has been made available on the Online Resource Centre (April 2016).

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date: 17 February 2020

This chapter studies the features of legally binding contracts by examining the manner in which the terms of a contract are regulated through statutory intervention. Such legislative measures have come about as a response to the unequal bargaining positions of consumers as contracting parties in business contracts, and the idea that laissez-faire can be contrary to public policy and fairness, e.g. with certain exclusion clauses. Some examples include statutes, such as the Sale of Goods Act 1979, which implies terms into contracts, and the Unfair Contract Terms Act 1977, which regulates the parties’ use of exclusion clauses. This protects the weaker party to a contract from exploitation and provides minimum rights that may not be waived.

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