The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of ...
"Duress, Undue Influence and Unconscionable Dealing" provides a detailed explanation of the law along with many examples from case law, so the reader can see how duress, unconscionable dealing and...
Duress, Undue Influence and Unconscionable Dealing
Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law.
Unconscionable Bargains
5 See, generally, Fordand Lee, Principles oftheLaw of Trusts, 1996, para14060. 6 See, generally,op cit, Ford and Lee, fn 5, pp 641–43. 7 (1990) pp641–43. 8 Op cit,Ford and Lee,fn6, para 14080. 9 In all other jurisdictions except ...
Chapter 4 in Campbell, D, Collins, H and Wightman, J (eds), Implicit Dimensions of Contract, 2003, Oxford: Hart Publishing Brownsword, R, Contract Law: Themes for the Twenty-First Century, 2nd edn, 2006, London: Butterworths Brownsword, ...
... The development of law and practice in Europe does not stop at national borders and, crucially, this evolution is nourished by influences much deeper and wider than the relatively modest body of binding EC rules in the field of private law ...
... Duress , Undue Influence , and Unconscionable Bargains- The Theoretical Mess ' 18 New Zealand Universities Law ... Unconscientious Bargains ( Sydney : LBC ) . CORBIN , A. L. ( 1952 ) , Corbin on Contracts : One - Volume Edition ( St Paul ...
... Undue Influence and Fiduciary Relationship' (1940) 4 The Conveyancer and Property Lawyer 274, to the effect that the ... Duress, Undue Influence and Unconscientious Bargains (Sydney, Law Book Co, 1985) 79ff; RP Meagher, JD Heydon and MJ ...