ISBN Lookup

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

  1. 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.
  2. Undue Influence: It discusses the relationships that give rise to presumed undue influence, as seen in cases like Mahoney v Mahoney (2015) VSC 600.
  3. 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.
  4. Unconscionability: It provides a comprehensive examination of unconscionability, bargaining power, and detriment under the Australian Consumer Law.
  5. 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.