Contract Law, the UNCRPD and the Concentric Spheres of Economic and Social Values
Published online by Cambridge University Press: 06 August 2025
This chapter highlights the interconnection between economic and social values in the contractual realm, rooted in a perception of people as holder of rights and a broad interpretation of autonomy and human dignity that looks beyond individualistic values. With a focus on grossly asymmetrical contracts, it promotes an understanding of vulnerability in the contractual context based on the circumstances of the transaction, rather than on people’s medical conditions. The chapter reflects on the merits and drawbacks of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as a potential benchmark for promoting a vision of contract law that responds to both economic and social concerns and recognises the equality of all human beings. The second part considers how English contract law could be brought closer to the equality vision promoted by the UNCRPD, proposing an understanding of the contractual realm based on concentric economic and social spheres, shaped by fluid boundaries, and reflecting on the relevance of contract law as part of a broader set of measures to ensure a fairer society.
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