Duty to Contract and the Weaker Party

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Authors: Danny Busch
Cited by: 0
References: 6

Abstract

Abstract As was noted in Chapter 1, a duty to contract is often regarded as the ultimate restriction of freedom of contract. Banks, in particular, are increasingly confronted by a duty to contract, by which I mean being subject to a duty to enter into a contract. In this chapter, I discuss and evaluate two cases in which the purpose of the duty to contract is to protect those who contract or intend to contract with a financial institution and are regarded as the weaker party: (i) right to a basic payment account for consumers and (ii) right to a basic payment account for non-consumers.

Fields of Study & Subjects

Legal principles and applications European and International Contract Law Law Economics and Judicial Systems

Publication details

Journal / source
Oxford University Press eBooks
Pages
85–102
Publication date
20 January 2026
Language
EN
Document type
Book chapter