Unconscionable Conduct

Unconscionable Conduct
Author: Paul T. Vout
Publisher: Lawbook Company
Total Pages: 608
Release: 2009-01-01
Genre: Consumer protection
ISBN: 9780455227139

Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.

Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions
Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
Total Pages: 292
Release: 2018-11-02
Genre: Law
ISBN: 1527520900

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Vitiation of Contracts

Vitiation of Contracts
Author: Gareth Spark
Publisher: Cambridge University Press
Total Pages: 355
Release: 2013-01-03
Genre: Law
ISBN: 1139620452

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Unconscionable Crimes

Unconscionable Crimes
Author: Paul C. Morrow
Publisher: MIT Press
Total Pages: 291
Release: 2020-09-22
Genre: Philosophy
ISBN: 0262360837

The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Contract Law

Contract Law
Author: Andrew Stewart
Publisher: Cambridge University Press
Total Pages: 601
Release: 2019-06-21
Genre: Law
ISBN: 1107687489

Provides a fresh, topical and accessible account of the Australian law of contract.