Meaningless Oppression and the Taint of Unconscionability in GE Custodians v Bartle

Abstract

Contracts are the lifeblood of trade and commercial endeavour. The capacity to create and uphold legally enforceable agreements is essential to economic efficiency. Sanctity of contract and reliability of contractual obligations are paramount to any system of law. Mirroring these considerations, of course, are equally important principles of fairness which can prevent courts from enforcing contracts. Either way, a “function of the law is to provide clear facilitative boundaries for commercial activity”. To achieve this purpose, the law of contract must strive to be unambiguous, predictable and certain.