Accg614 - week3

Secon 34 allows court to repudiate unfair contract on

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

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...
View Full Document

This document was uploaded on 04/01/2014.

Ask a homework question - tutors are online