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The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?

Varney, Eliza; Varney, Eliza

Authors



Abstract

Contract law has a multidimensional role permeating the economic and social spheres of life, connecting people in mutual relations. Despite its potential, contract law is largely overlooked by the UN Convention on the Rights of Persons with Disabilities (CRPD). Moreover, contract law is often examined through a unidimensional lens, facilitating transactions between economic actors. English contract law, rooted in the classical pillars of sanctity and freedom of contract, makes no exception. The links between the values pursued by the CRPD and English contract law are akin to unfinished bridges. Yet, the completion of these bridges is imperative, given the likely increase in the number of contracting parties whose capacity to understand the implications of transactions has been affected by mental health conditions such as dementia. Focusing on undue influence and unconscionability, this article searches for a vision of contact law that embraces social values, in particular the CRPD value of respect for human dignity.

Citation

Varney, E., & Varney, E. (2020). The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?. Kings Law Journal, 31(3), 444-466. https://doi.org/10.1080/09615768.2020.1815941

Journal Article Type Article
Online Publication Date Sep 3, 2020
Publication Date Sep 1, 2020
Deposit Date Feb 17, 2023
Publicly Available Date Feb 23, 2023
Journal King's Law Journal
Print ISSN 0961-5768
Electronic ISSN 1757-8442
Publisher Routledge
Peer Reviewed Peer Reviewed
Volume 31
Issue 3
Pages 444-466
DOI https://doi.org/10.1080/09615768.2020.1815941
Keywords Law
Public URL https://nottingham-repository.worktribe.com/output/17386244

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