Duty to Contract and the Weaker Party
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