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Court disagreed as there was no evidence of an

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Unformatted text preview: isability and not taken advantage of it; 27 Unconscionable (Unfair) Contracts Statute Law also prohibits Unconscionable Conduct: –  Sec=ons 20, 21 and 22 of the ACL prohibit a person who is ac=ng in trade or commerce, from engaging in conduct which is, in all the circumstances, unconscionable: –  Sec=on 20 of the ACL provides that the meaning of “unconscionable” is to be found in the common law and Amadio’s case. 28 Capacity, Legality and Form Capacity (to make a contract) When may Capacity be an issue? 1.  Minors (under 18) 2.  Unstable Mental State (intoxicated or ill) Party may have: §༊  No legal capacity (cannot enter any contract) or §༊  Limited legal capacity (may only enter certain types of contracts) 30 Capacity (...
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