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Relevant bibliographies by topics / Unconscionable conduct

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Journal articles

Academic literature on the topic 'Unconscionable conduct'

Author: Grafiati

Published: 11 December 2022

Last updated: 26 January 2023

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Journal articles on the topic "Unconscionable conduct"

1

Zumbo, Frank. "Australia Prohibits Unconscionable Commercial Conduct." Business Law Review 20, Issue 3 (1999): 66–69. http://dx.doi.org/10.54648/bula1999019.

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2

Chan, Sean. "Future-Proof Doctrine or Relic of an Equitable Past? Unconscionable Conduct in the Fair Trading Amendment Act 2021." Victoria University of Wellington Law Review 53, no. 2 (2022): 185–218. http://dx.doi.org/10.26686/vuwlr.v53i2.7708.

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The Fair Trading Amendment Act 2021 introduced a New Zealand prohibition on "unconscionable conduct" in trade. Previously, the law on unconscionable conduct was found in the equitable doctrine of unconscionable bargain. This article describes how New Zealand law has moved away from equitable unconscionability with this new prohibition. This article critically analyses some of the legal, social and economic justifications for introducing the prohibition, finding that some of the Ministry of Business, Innovation and Employment's justifications are not persuasive. The s 7 prohibition is based str

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3

Milne, Patrick. "Proprietary Estoppel and the Element of Unconscionable Conduct." Cambridge Law Journal 56, no. 1 (1997): 34–37. http://dx.doi.org/10.1017/s0008197300017669.

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4

Finlay, Anne. "Unconscionable Conduct and the Business Plaintiff: Has Australia Gone Too Far?" Anglo-American Law Review 28, no. 4 (1999): 470–502. http://dx.doi.org/10.1177/147377959902800405.

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5

Muchlinski, Peter. "‘Caveat Investor’? The Relevance of the Conduct of the Investor Under the Fair and Equitable Treatment Standard." International and Comparative Law Quarterly 55, no. 3 (2006): 527–58. http://dx.doi.org/10.1093/iclq/lei104.

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AbstractThe role that investor conduct plays in applying the fair and equitable treatment standard is relatively unexplored. On the basis of conceptual analysis, and emerging international judicial and arbitral case law, this article suggests that investor conduct is an important consideration. Investor duties are being accepted in relation to the avoidance of unconscionable conduct, the reasonable assessment of investment risk in the host country, and a duty to operate an investment reasonably. These requirements may be said to lead to a new limit upon the fair and equitable treatment standar

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6

Spears, Charlotte. "Consumer Protection: Online Sale of Prescription Drugs to Minors Not Unconscionable." Journal of Law, Medicine & Ethics 30, no. 2 (2002): 315–17. http://dx.doi.org/10.1017/s1073110500008561.

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In Stovall v. Confimed.com, the Kansas Supreme Court held that an out-of-state medical doctor who sold a prescription drug to a Kansas minor over the Internet did not commit an unconscionable act under the Kansas Consumer Protection Act (KCPA). The Shawnee Country District Court had enjoined the doctor from prescribing or dispensing prescription medicine within the state of Kansas, and the doctor appealed the injunction to the Kansas Supreme Court. The Supreme Court affirmed the district court's decision to grant injunctive relief, but found no unconscionable conduct under the KCPA.The appelle

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7

Eldridge, John. "LAWFUL-ACT DURESS AND MARITAL AGREEMENTS." Cambridge Law Journal 77, no. 1 (2018): 32–35. http://dx.doi.org/10.1017/s0008197318000211.

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IN Thorne v Kennedy [2017] HCA 49, the High Court of Australia was presented with an opportunity to consider the operation and intersection of undue influence, unconscionable conduct and duress in the context of marital agreements. Despite hopes that the Court would seize the chance to resolve an important open question in respect of duress, the decision was instead marked by an unhelpful caution, offering little guidance on the law's future development.

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8

Paterson, Jeannie Marie, and Gerard Brody. "“Safety Net” Consumer Protection: Using Prohibitions on Unfair and Unconscionable Conduct to Respond to Predatory Business Models." Journal of Consumer Policy 38, no. 3 (2014): 331–55. http://dx.doi.org/10.1007/s10603-014-9276-y.

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9

Halliwell, Margaret. "Estoppel: unconscionability as a cause of action." Legal Studies 14, no. 1 (1994): 15–34. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00563.x.

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The current distinctions between different forms of estoppel are inappropriate and traditional orthodoxy is being challenged by judges and by academics. It is now necessary to recognise that the organising concept for the doctrine of estoppel is unconscionability because the function of estoppel is to restrain injustice arising from unconscionable conduct. The form ofestoppel, known as promissory estoppel, and stemming from the decision in Central London Property Ltd u High Trees House Ltd, is not triggered by the organising concept of unconscionability. It should be regarded, therefore, as an

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10

Latimer, Paul. "It's Time for Federal Regulation of Retirement Villages." Federal Law Review 45, no. 3 (2017): 469–93. http://dx.doi.org/10.22145/flr.45.3.5.

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As Australia's population ages, increasing numbers of seniors move to a growing number of retirement villages. Unlike time shares, which are ‘managed investment schemes’ and therefore regulated as ‘financial products’ under corporate law administered nationally by the Australian Securities and Investments Commission (ASIC), the Commonwealth withdrew from the regulation of retirement villages in the 1980s on the basis that at that time they were local, usually run by religious bodies and charities and were not of national concern. The regulation of retirement villages was taken over by the stat

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