UNCONSCIONABILITY AS A UNIFYING CONCEPT IN EQUITY
Main Article Content
Abstract
This article seeks to examine the extent to which a unified concept of unconscionability can be used to rationalise related doctrines of equity, in particular, in the areas of (1) unconscionable bargains, undue influence and duress (2) proprietary estoppel (3) knowing receipt liability and (4) relief against forfeitures. The conclusion is that such a process of amalgamation may provide a principled doctrinal basis for equity’s intervention which has already found favour in the English courts.
Article Details
Section
Articles
Authors retain the copyright and grant to the Journal the right to publish under license.
Authors retain the right to use their article (provided you acknowledge the published original in standard bibliographic citation form) in the following ways, as long as you do not sell it or give it away in ways that would conflict with our commercial business interests:
internal educational or other purposes of your own institution or company;
mounted on your own or your institutions website;
posted to free public servers of preprints and or article in your subject area;
or in whole or in part, as the basis for your own further publications or spoken presentations.