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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Unconscionable Conduct: The Laws of Australia 3rd ed isbn 9780455238562

Unconscionable Conduct: The Laws of Australia 2nd ed

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ISBN13: 9780455227139
New Edition ISBN: 9780455238562
Previous Edition ISBN: 0455222711
Published: April 2009
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print

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.

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 & New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett & 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).