Selected Cases by Article & Issues
(1) A party may avoid the contract or an individual term of it if, at the time of the conclusion of the contract, the contract or term unjustifiably gave the other party an excessive advantage. Regard is to be had, among other factors, to
(a) the fact that the other party has taken unfair advantage of the first party"s dependence, economic distress or urgent needs, or of its improvidence, ignorance, inexperience or lack of bargaining skill; and
(b) the nature and purpose of the contract.
(2) Upon the request of the party entitled to avoidance, a court may adapt the contract or term in order to make it accord with reasonable commercial standards of fair dealing.
(3) A court may also adapt the contract or term upon the request of the party receiving notice of avoidance, provided that that party informs the other party of its request promptly after receiving such notice and before the other party has reasonably acted in reliance on it. The provisions of Article 3.2.10(2) apply accordingly.
|1||Notion of gross disparity||3|
|1.1||Gross disparity between obligations of parties||1|
|1.2||Must exist at time of conclusion of contract||1|
|1.3||Must be unjustifiable||1|
|1.3.1||Abuse of other party's weak bargaining position||3|
|126.96.36.199||Status of dependence|
|188.8.131.52||Economic distress or urgent needs|
|1.3.2||Unfairness with regard to nature and purpose of contract|
|184.108.40.206||General ethics and practices in trade sector concerned|
|2||Avoidance of contract or of individual term|
|3||Adaptation of contract or of individual term by court|
|3.1||Upon request of party entitled to avoidance|
|3.2||Upon request of party receiving notice of avoidance|