Unconscionability in European Private Financial Transactions: Protecting the Vulnerable

Front Cover
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.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

conceptualising unconscionability in Europe
1
Part I Conceptualising unconscionability
5
1 Freedom of contract as freedom from unconscionable contracts
7
2 Protection of weaker parties in English law
26
3 Freedom of contract unequal bargaining power and consumer law on unconscionability
46
a French perspective
62
5 Unconscionability and the value of choice
79
some relational thoughts about unconscionability and regulation
99
lessons from and for financial services
205
an exploration of the Financial Services Authoritys model of fairness in consumer financial transactions
227
how to converge public and private law approaches?
246
the Lithuanian case of legal transplants
275
the legal position of the borrower
289
a matter of incorrect information
308
substantive or procedural standard of unconscionability?
326
18 Unfairness under the Consumer Protection from Unfair Trading Regulations 2008
350

7 An economic perspective on legal remedies for unconscionable contracts
129
Part I I Conceptualising unconscionability in financial transactions
145
8 Usury and the judicial regulation of financial transactions in seventeenth and eighteenthcentury England
147
9 Protection of the vulnerable in financial transactions what the common law vitiating factors can do for you
166
new notions of unconscionability for domestic borrowers
184
Conclusions
375
in the kaleidoscope of private and public law
377
Index
400
Copyright

Other editions - View all

Common terms and phrases

About the author (2010)

Mel Kenny is Senior Lecturer at the Centre for European Law and Legal Studies at Leeds University.

James Devenney is Deputy Head of Durham Law School and Director of the Durham University Institute of Commercial and Corporate Law.

Lorna Fox O'Mahony is Professor of Law at Durham University.

Bibliographic information