Unconscionable Bargain in UK Law
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Without the Power to Drink or Contract
... ... A common ruse by someone seeking to gain an advantageous bargain is to supply the other party with alcohol as a way of weakening their ... 47 These authors were describing unconscionable loans, but the same comment can be made more generally about unfair ... ...
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Equity is Dead. Long Live Equity!
... ... References to conscience and the prevention of unconscionable conduct have become increasingly prevalent in judicial pronouncements at ... , is abused in a manner which extends beyond the remit of a hard bargain or mere folly, 12 and would be assessed in light of the abuser’s state ... ...
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The Heir–Locator’s Lost Inheritance
... ... Those additional factors were unconscionable bargain in Rees v De Bernardy (an actual ground for the decision of ... ...
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The legal Structure of Self‐Ownership: Or the Self‐Possessed Man and the Woman Possessed
The purpose of this paper is to expound the legal meaning of self‐ownership, to examine its internal logic and its applications to both men and women within the two major spheres of human relations...... ... Waye, ‘Rape and the Unconscionable Bargain’ (1992) 16 Criminal Law J. 94–105. 99 In Australia, this ... ...
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The Extent of Criminal Complicity
... ... Here, it is merely noted that the bargain as made had this as its consequence and should have been ... , concluded that it was a hard but not an unconscionable bargain in the eyes of the 1aw.O Counsel it is suggested ... ...
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Possession: Erotic Love in the Law of Rape
... ... Australian law of rape, see Waye, ‘Rape and the Unconscionable Bargain’ (1992) 16 CLJ 94. For an account of the English ... ...
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UNCONSCIONABILITY IN CONTRACTS
... ... stability, for ‘‘ the Chancery mends no man’s bargain.” a My view is that the law of contract, when examined ... The word “ unconscionable ” might possibly be applied to these cnses as, indeed, ... ...
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Having Your Cake and Eating It? Union Eagle v Golden Achievement Ltd
... ... for a comparatively trivial breach’ 10 and it would be unconscionable to allow the vendors to rescind. 11 Mason and Deane JJ suggested that ... have enjoyed under the contractual bargain. The reversal of unjust enrichment is not necessarily synonymous with the ... ...
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A Study in the Relationship Between Common Law and Equity in Contractual Mistake
... ... apparcntly so because of the mode in which their bargain was expressed might be considered to fall within the terms and ... The bargain was not an " unconscionable " one in the sense of equity cases like Wood v ... 4breyYib0 ... ...
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NOTES OF CASES
... ... sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss that could ... was only prepared to allow the appeal if the bargain could be described as harsh and unconscionable. Lord ... ...
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