Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.775763
Title: The unconscionability doctrine in electronic standard form contracting : a critical study of Libyan contract law
Author: Tulti, H.
ISNI:       0000 0004 7962 9185
Awarding Body: University of Exeter
Current Institution: University of Exeter
Date of Award: 2019
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Abstract:
The development of new types of contracts that are concluded over the Internet has created fresh challenges that currently confront Libyan contract law. Unfairness issues are foremost in this regard. While many jurisdictions are still grappling with the implications of these developments, countries such as Libya are only just beginning to acknowledge their existence. While signifiying that unconscionability suffers from a substantial deficiency in Libyan law and it is the only solution to the emerging challenges, this thesis initially examines the application of the doctrine in English and California law. It explains how the doctrine has been applied in traditional contracts and online contracting in these jurisdictions and then identifies lessons for Libyan contract law. In acknowledging that a comparative approach is unlikely to unpick the intricacies of a doctrine that has previously been described as 'chameleon-like', this thesis additionally adopts a doctrinal analysis to construct a theory that can explain the doctrine's rationales in different jurisdictions. This thesis further demonstrates that the doctrine is consistent with freedom of contract, distributive justice and certainty in law, thus it contends that the main criticisms of unconscionability are not intrinsic to the doctrine. Based on the findings of this thesis, it recommends a reform of Libyan law that combines the merits of different approaches to unconscionability that enable regulating unfairness issues in online contracting.
Supervisor: Lista, A. ; Tamblyn, N. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.775763  DOI: Not available
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