A Duty to Disclose Material Facts?

Abstract

In this part of the book we shall consider various ways in which the law of contract regulates the agreement concluded by the parties and allocates the risk of unforeseen events between the parties. In Chapters 12 and 13 we shall discuss the obligations which are imposed upon contracting parties during the process of contractual negotiation. In Chapter 14 we shall analyse the methods by which the courts allocate the risk between contracting parties when they enter into a contract under a common fundamental mistake or an unforeseen event occurs after they have entered into the contract which destroys the basis on which they entered into the contract. In Chapters 15 and 16 we shall consider the limitations which are placed upon the enforceability of contracts by the doctrine of illegality and by the rules relating to capacity to enter into contracts. Finally, in Chapter 17 we shall discuss the Unfair Terms in Consumer Contracts Regulations (SI 1994, No. 3159), together with the doctrines of duress, undue influence and inequality of bargaining power and then conclude this part by discussing the extent to which the law of contract is concerned with the fairness of the bargain concluded by the parties.