Duress Undue Influence And Unconscionable Dealing Download Ebook PDF Epub Online

Author : PROFESSOR NELSON. ENONCHONG
Publisher :
Release : 2021
Page :
Category :
ISBN 13 : 9780414082090
Description :



Author : Nelson Enonchong
Publisher :
Release : 2006
Page : 590
Category : Duress (Law)
ISBN 13 :
Description :


This is the eighth edition of the text which sets out the underlying principles that govern the modern law of trusts and explores in detail the administration of trusts, it incorporates case law and major legislative changes since publication of the seventh edition


Author :
Publisher :
Release : 2015
Page :
Category : Law
ISBN 13 :
Description :



Author : PROFESSOR NELSON. ENONCHONG
Publisher :
Release : 2020
Page :
Category :
ISBN 13 : 9780414084049
Description :



Author : Paul T. Vout
Publisher : Lawbook Company
Release : 2009-01-01
Page : 608
Category : Consumer protection
ISBN 13 : 9780455227139
Description :


Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.


Author : Sir William Reynell Anson
Anthony Gordon Guest
Publisher :
Release : 1969
Page : 655
Category : Agency (Law)
ISBN 13 : 9780194423182
Description :



Author : Rick Bigwood
Publisher : Oxford University Press on Demand
Release : 2003
Page : 554
Category : Law
ISBN 13 : 9780198260639
Description :


This volume explores the philosophical concept of 'exploitation' in the law relating to the formation of contracts. It discusses the criteria for a claim of 'legal contractual exploitation'. These criteria reveal a conception of exploitation that is sensitive to the conceptual, institutional, and administrative distinctions associated with the classic liberal conception of the contract. The consequences of this conception of exploitation upon the contract lawdoctrines of unconscionable dealing, duress, and undue influence are examined in depth.


Author : Gareth Spark
Publisher : Cambridge University Press
Release : 2013-01-03
Page :
Category : Law
ISBN 13 : 1139620452
Description :


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.


Author : R. G. Lawson
Publisher : Sweet & Maxwell
Release : 2011-01-01
Page : 329
Category : Allgemeine Geschäftsbedingungen
ISBN 13 : 0414045769
Description :


For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.


Author : John Cartwright
Publisher : Sweet & Maxwell
Release : 2012
Page : 879
Category : Contracts
ISBN 13 : 0414049551
Description :


Misrepresentation, Mistake and Non-Disclosure: Fully explains the role of misrepresentation in contract lawFurther expands on the role of mistake and non-disclosure in a contractual disputeProvides a clear explanation into the definitions and differences between misrepresentation, mistake and non-disclosureStructured around remedies available for misrepresentation, mistake and non-disclosure to give practical focus for practitionersFully updated in relation to both case law and statutory developments, including discussions of areas where points are still unclear or may be further reviewed by the courts or subject to statutory refor


Author : Larry A. DiMatteo
Chen Lei
Publisher : Cambridge University Press
Release : 2017-10-26
Page : 518
Category : Law
ISBN 13 : 1107176328
Description :


A unique comparative analysis of Chinese Contract Law accessible to lawyers from civil, common, and mixed law jurisdictions.


Author : Andrew Tettenborn
Neil Andrews
Publisher :
Release : 2012
Page : 760
Category : Contracts
ISBN 13 : 9780414025561
Description :


This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.


Author : Jeannie Paterson
Andrew Robertson
Publisher :
Release : 2015
Page : 931
Category : Commercial law
ISBN 13 : 9780455236001
Description :


Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.


Author : Paul D. Finn
Publisher : Lawbook Company
Release : 1985
Page : 256
Category : Equity
ISBN 13 :
Description :



Author : Ian Jackman
Publisher :
Release : 2017-03-17
Page : 226
Category : Replevin
ISBN 13 : 9781760021320
Description :


Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.


Author : Andrew Dyson
James Goudkamp
Publisher : Bloomsbury Publishing
Release : 2017-02-09
Page : 452
Category : Law
ISBN 13 : 1509902139
Description :


This book is the third in a series of essay collections on defences in private law. It addresses defences to liability arising in contract. The essays range from those adopting a predominantly black-letter approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while others are concerned with the links between defences, or with how defences relate to the structure of contract law generally. One goal of the book is to determine what light can be shed on contract law doctrines by analysing them through the lens of defences. The contributors – judges and academics – are all leading jurists. The essays are addressed to all of the major common law jurisdictions.


Author : Paul Vout
Publisher :
Release : 2017-09-25
Page : 904
Category : Consumer protection
ISBN 13 : 9780455238562
Description :


Unconscionable Conduct - The Laws of Australia 3rd Edition provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct.


Author : Richard Stone
James Devenney
Publisher : Routledge
Release : 2015-04-10
Page : 594
Category : LAW
ISBN 13 : 1317743601
Description :


Offers students with a logical introduction to contract law. Exploring various developments and case decisions in the field of contract law, this title combines an examination of authorities and commentaries with a modern contextual approach.


Author : Larry A. DiMatteo
Publisher : Cambridge University Press
Release : 2013-01-31
Page : 594
Category : Law
ISBN 13 : 1107028086
Description :


This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.


Author : K. R. Handley
Publisher :
Release : 2013
Page : 356
Category : Estoppel
ISBN 13 : 9780414028449
Description :