Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

> There is also some additional fun extras in contract law, like the concept of fair terms. This very old idea is that a contract should be a balanced deal. Terms that unfairly give one party undue benefits can then be challenged as invalid.

US and state laws have a concept of "unconscionability" for extreme cases, as well as prohibitions on penalties, as opposed to prior agreements to fix damages based on reasonable estimates, and so on. But "the deal wasn't fair" isn't any general defense against breach of contract claims. Courts generally avoid digging into the business or other advisability of contracts. They err on the side of giving parties the deals they agreed to.

Perhaps you were speaking from the perspective of a different jurisdiction?



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: