Unconscionability in European Private Financial Transactions: Protecting the Vulnerable
Mel Kenny, James Devenney, Lorna Fox O'Mahony
Cambridge University Press, Jun 24, 2010 - Law
Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.
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2 Protection of weaker parties in English law
3 Freedom of contract unequal bargaining power and consumer law on unconscionability
a French perspective
5 Unconscionability and the value of choice
some relational thoughts about unconscionability and regulation
lessons from and for financial services
an exploration of the Financial Services Authoritys model of fairness in consumer financial transactions
how to converge public and private law approaches?
the Lithuanian case of legal transplants
the legal position of the borrower
a matter of incorrect information
substantive or procedural standard of unconscionability?
18 Unfairness under the Consumer Protection from Unfair Trading Regulations 2008
7 An economic perspective on legal remedies for unconscionable contracts
Part I I Conceptualising unconscionability in financial transactions
8 Usury and the judicial regulation of financial transactions in seventeenth and eighteenthcentury England
9 Protection of the vulnerable in financial transactions what the common law vitiating factors can do for you
new notions of unconscionability for domestic borrowers
Other editions - View all
agreement approach Article bank’s behaviour beneﬁt borrower business rules BVerfG chapter Cherednychenko choice Civil Code clause client common law conduct of business consent Constitutional Court Consumer Contracts Consumer Credit Consumer Protection context contract law Cour de Cassation debtor decision deﬁned difﬁcult doctrine of unconscionability duress duty economic effect enforcement Etridge example fairness faith ﬁnancial markets ﬁnancial products ﬁnancial services Financial Services Authority ﬁnancial transactions ﬁnd ﬁrms ﬁrst fraud freedom of contract FSA’s fundamental rights German harmonisation Ibid identiﬁed investors issue kickback payments lender liability Lithuanian Lord MiFID mortgage obligation particular party’s practice principle private autonomy private law proﬁt reason reﬂect regulation regulatory relation relationship relevant remedy requirements responsible signiﬁcant speciﬁc statutory Stephen Waddams substantive sufﬁcient sumers surety suretyship theory tion trade transactional risk Treating Customers Fairly uncon unconscionability unconscionable contracts undue inﬂuence Unfair Terms UNIDROIT usury vulnerable weaker party