Download or read book Unconscionable Bargains written by Mindy Chen-Wishart and published by MICHIE. This book was released on 1989 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Inequality of Bargaining Power written by Robert W. Clark and published by Taylor & Francis. This book was released on 1987 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Download or read book The Law Relating to Unconscionable Bargains with Money lenders Including the History of Usury Etc written by Hugh Hale Leigh Bellot and published by . This book was released on 1897 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Duress Undue Influence and Unconscientious Bargains written by Malcolm Cope and published by Lawbook Company. This book was released on 1985 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law Relating to Unconscionable Bargains with Money lenders Including the History of Usury to the Repeal of the Usury Laws with Appendices Containing a Digest of Cases Annotated Relating to Unconscionable Bargains Statutes and Forms for the Use of Practitioners by Hugh H L Bellot and R James Willis written by Hugh Hale Leigh Bellot and published by . This book was released on 1897 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A New Common Law Test for Unconscionable Bargains written by Vim Yew Eric Tan and published by . This book was released on 2012 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Duress Undue Influence and Unconscionable Dealing written by Nelson Enonchong and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Publisher's website.

Download or read book Law Relating to Unconscionable Bargains with Money lenders written by Bellot and published by . This book was released on 1897 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unconscionable Conduct in Commercial Transactions written by Garth Wooler and published by Cambridge Scholars Publishing. This book was released on 2018-11-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Download or read book Unconscionable Bargains written by Mindy Chen-Wishart and published by . This book was released on 1987 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unconscionable Bargains written by Mindy Chen-Wishart and published by . This book was released on 2014 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the Court of Appeal in the unconscionable bargain case of Nicols v Jessup [1986] BCL 1573 helps to clarify the approach which New Zealand courts should take on unconscionability cases in light of the Privy Council decision in O'Connor v Hart [1985] 1 NZLR 159.

Download or read book Duress Undue Influence and Unconscionable Dealing First Supplement written by Professor Nelson Enonchong and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law Relating to Unconscionable Bargains with Money lenders written by Hugh Hale Leigh Bellot and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law Relating to Unconscionable Bargains with Money Lenders Including the History of Usury to the Repeal of the Usury Laws Etc written by Hugh Hale Leigh Bellot and published by . This book was released on 1897 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Chitty on Contracts 31st edition volumes 1 2 written by and published by Sweet & Maxwell. This book was released on with total page 2943 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Invalidity written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2022-05-30 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume IV of Studies in the Contract Laws of Asia deals with factors affecting the validity of contracts (mistake, fraud, misrepresentation, coercion, and unfair exploitation) in the laws of China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam.Typically, each jurisdiction is covered in two chapters; the first deals with erroneous beliefs, while the second deals with reprehensible conduct of one of the contracting parties.