Unconscionable Conduct
The Laws of Australia
By: Paul T. Vout
This book draws together the areas of common law, equity and statute concerned with misrepresentation, unconscionability, estoppel, duress and undue influence. Until now, there has only been separate treatment of these concepts in textbooks on contract, tort, equity, trade practices and restitution, thereby diminishing the appreciation of the elements common to these doctrines. The text is a reference for Australian practitioners whose practice areas and business dealings require an awareness of the equitable, legal and legislative grounds upon which both private and commercial transactions may be set aside for unfair conduct, including misrepresentation and unconscionabillity. The text also provides analysis of the many forms of estoppel and their application, in addition to the frequently confused notions of duress and undue influence.
AI Overview
"Unconscionable Conduct – The Laws of Australia" by Paul Vout is a comprehensive legal treatise that delves into the principles and practices surrounding unconscionability in Australian law. Here is a detailed overview of the book:
Key Themes
Unconscionability: The book provides an in-depth examination of unconscionability, including its application in various legal contexts such as contracts, estoppel, duress, undue influence, misrepresentation, and equitable mistake.
Australian Consumer Law: It offers a detailed analysis of how unconscionability is treated under the Australian Consumer Law, focusing on bargaining power and detriment in contractual relationships.
Recent Case Law: The third edition specifically addresses recent judicial developments, including significant cases like Sidhu v Van Dyke, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd, Miller Heiman Pty Ltd v Sales Principles Pty Ltd, Mahoney v Mahoney, and Dunwoodie v Teachers Mutual Bank Ltd.
Relief Against Penalties and Forfeiture: The book includes a new section (35.10) that explores the circumstances under which relief against penalties and forfeiture applies, referencing landmark decisions such as Paciocco v Australia & New Zealand Banking Group Ltd, Kakavas v Crown Melbourne Ltd, and Andrews v Australia and New Zealand Banking Group Ltd.
Plot Summary
The book does not have a narrative plot but rather serves as a legal reference work. It is structured to provide comprehensive commentary and analysis on the latest judicial considerations and developments in the areas of estoppel, duress, undue influence, misrepresentation, unconscionability, and unconscionable dealing. The third edition includes revised and updated analysis of these topics, reflecting recent case law and legal developments.
Critical Reception
Given its academic and legal nature, there is no general public reception available. However, the book is highly regarded within legal circles for its comprehensive coverage of unconscionability and related principles under Australian law. The editorial guidance provided by Dr. Paul Vout, a member of the Victorian Bar and co-editor of the Commonwealth Law Reports, adds to the book's credibility and authority in the field.
Publication Details
- Title: Unconscionable Conduct – The Laws of Australia
- Author: Edited by Paul Vout
- Edition: Third Edition
- Publisher: Lawbook Co.
- Publication Date: 2006 (first edition), with updates and revisions for the third edition.
- ISBN: 9780455238562
This book is part of the The Laws of Australia legal encyclopaedia and is published as part of Titles 7 “Contract: General Principles” and 35 “Unfair Dealing”.