Raul Madden, ‘Revitalising unconscionable dealing in English law through interjurisdictional teaching’

ABSTRACT
The doctrine of unconscionable dealing has faded into obscurity in England while recently enjoying significant activity and attention elsewhere across the common law world. Strengthening that doctrine might provide an avenue through which courts can address the proliferation throughout English society of non-negotiable and degrading contractual terms tendered by powerful entities to people who are proportionately powerless. This article suggests an approach through which law teachers would guide their students through the law of unconscionable dealing with a focus on some of those contexts and interjurisdictional developments which have provided responses to them. The proposed method would make the subject of vitiating factors in contract law more engaging for students and contribute towards the production of viable legal responses to contemporary contracting controversies.

Raul Madden, Revitalising unconscionable dealing in English law through interjurisdictional teaching, Law Teacher. Published online: 12 November 2025.

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