Undue influence & unconscionable dealing

These two doctrines (sometimes referred to as the doctrines of equitable fraud, Hall 2006) are designed to achieve fairness in transactions by providing remedies to overcome the effect of an unfair transaction (Davis 2008, p.50). The distinction between the doctrines was discussed by Deane J in Commercial Bank v Amadio (1983) 151 CLR 447 at … Continue reading Undue influence & unconscionable dealing