Accg614 - week3

Secon 34 allows court to repudiate unfair contract on

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Unformatted text preview: tor and pa=ent. •  Onus of rebunng the presump=on lies with the defendant Where no ‘special rela=onship’ exists: •  Onus on the plain=ff to prove that the defendant exerted influence over them. •  If undue influence is established, the contract is voidable. 26 Unconscionable (Unfair) Contracts In their equitable jurisdic=on, the courts may set aside a contract for being unconscionable (unfair) where the defendant has abused their superior bargaining posi=on in their dealings with the plain=ff (Commercial Bank of Australia v. Amadio (1983)). The plain=ff has to establish: •  They were in a posi=on of ‘special disadvantage’ (Louth v. Diprose (1992) – Male (Diprose) in love, Female manipulated him to get $60 000); •  Which substan=ally affected their ability to protect themselves; •  The defendant knew, or ought to have known, of the plain=ff’s d...
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