Unconscionable Conduct
The Laws of Australia
By: Paul T. Vout
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.
AI Overview
The book "Unconscionable Conduct – The Laws of Australia" by Paul Vout KC is a comprehensive legal treatise that examines the principles and developments in the areas of estoppel, duress, undue influence, misrepresentation, unconscionability, and unconscionable dealing under the Australian Consumer Law. Here is a detailed overview:
Key Themes
- Estoppel: The book revisits the doctrine of estoppel, including significant cases such as Sidhu v Van Dyke, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd, and Miller Heiman Pty Ltd v Sales Principles Pty Ltd.
- Undue Influence: It discusses the relationships that give rise to presumed undue influence, as seen in cases like Mahoney v Mahoney (2015) VSC 600.
- Duress: The book explores the actionability of duress applied by a third party to a contract, with reference to cases such as Dunwoodie v Teachers Mutual Bank Ltd.
- Unconscionability: It provides a comprehensive examination of unconscionability, bargaining power, and detriment under the Australian Consumer Law.
- Relief Against Penalties and Forfeiture: The third edition includes a new section (35.10) focusing on decisions specifically dealing with relief against penalties and forfeiture, referencing landmark cases like 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 is not a narrative but a legal commentary. It offers in-depth analysis and commentary on the latest judicial considerations and developments in the mentioned areas. The third edition is updated to include recent case law and provides a detailed examination of the principles and their applications in Australian law.
Critical Reception
While there is no specific critical reception provided in the sources, the book's comprehensive nature and the expertise of its editor, Dr. Paul Vout, suggest that it is a highly regarded resource in the field of Australian law. Dr. Vout is a member of the Victorian Bar, co-editor of the Commonwealth Law Reports, and Solicitor of the Supreme Courts of New South Wales, Northern Ireland, England, and Wales, which underscores his authority and expertise in legal matters.
Publication Details
- Title: Unconscionable Conduct – The Laws of Australia
- Edition: Third Edition
- Publisher: Lawbook Co.
- Publication Year: 2006 (first edition), updated in subsequent editions
- ISBN: 9780455238562
- Language: Portuguese (available) and English (primary language)
Availability
The book is available through various online retailers, including AbeBooks and Booktopia, and is also published as part of Titles 7 “Contract: General Principles” and 35 “Unfair Dealing” of The Laws of Australia legal encyclopaedia.