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Unconscionable Conduct Notes

Law Notes > Equity Notes

This is an extract of our Unconscionable Conduct document, which we sell as part of our Equity Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Equity Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

















UNCONSCIONABLE
CONDUCT





















EQUITY 16 UNCONSCIONABLE CONDUCT
*
* Types of unconscionable conduct include:
o Fraud
o Unconscionable dealings
o Estoppel
Can be used to set aside a contract

Fraud:
* Equitable fraud is the foundation for various doctrines:
o Constructive trusts
o Fiduciary breaches
o Undue influence
o Unconscionability * Equity is more expansive than common law

"Breach of the sort of obligation which is enforced by a court that from the
beginning regarded itself as a court of conscience"
* Duress of undue influence or pressure in Equity * Preventing a statutory requirement from being an instrument of fraud * Fraud on a power * Innocent misrepresentation * Mistake
* Equity will not permit a statute to be a cloak for an instrument of fraud

o Statute of Frauds
o Wills Act
SS? Stipulate certain formalities

Fraud on a power:
* An authority to dispose of property irrespective of the donees existing
interest
o Donee = person exercising power (trustee/solicitor/agent)
o Object = person to whom the property is disposed (beneficiary)
o Donor = person conferring authority on the done (owner who
gives power) * Legal power:
o Power of attorney
o Can happen when someone is still capable * Equitable power:
o Power of a fiduciary
o High standard of good faith
EQUITY 17

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