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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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