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Title: Do all roads lead to unconscionability? : the failure of the 'O'Brien' principle to deal with the vulnerable surety phenomenon
Author: Valianti, Demetra Andrea
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2006
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This work explores the vulnerable surety phenomenon and the judicial legal structures that deal (or try to deal) with it. This area of law is particularly complex since it involves striking a balance between two conflicting public policies: the need to protect vulnerable sureties from any type of victimisation and the need to preserve the importance of securitisation. A central theme in this thesis is that the various legal structures used by courts over the years have failed to adequately address the problems of vulnerable sureties. Therefore, an alternative doctrine or approach should be followed. This work proposes the application of the doctrine of unconscionability. It is argued that this doctrine can produce more equitable and economically efficient results than the 'O'Brien' rules in the context of suretyship agreements.
Supervisor: Stanton, Keith Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available