Changing the terms of the contract


Question:

In the 20th century (and the 21st century), courts have been more inclined to "reform" unfair contracts. Provisions which "shock the conscience" are voided or "reformed" by the court to be more fair.

When should a court interfere with the provisions of a contract (if at all)? Under what conditions do you think it is "fair"?

"interference" means change the terms of the contract. It does not mean "voiding" the contract, as in with a minor.

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Business Law and Ethics: Changing the terms of the contract
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