The yoking of unconscionability and unjust enrichment in Australia
Data(s) |
01/01/2002
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Resumo |
Given problems with, and judicial criticism of, unjust enrichment as a principle, it is necessary and appropriate that unjust enrichment be subsumed by the expanding doctrine of unconscionability - could create a unifying concept which can be applied to achieve justice in a variety of different contexts - triggers for equitable intervention to reverse or adjust transfers of resources on the basis of unconscionability - where there is neither real consent or real consideration - where either variable is absent and it is unclear whether the other is satisfied - approach would inject principle into unconscionability and explain and justify the need for reversing or adjusting the transfer of property or other resources in some circumstances.<br /> |
Identificador | |
Idioma(s) |
eng |
Publicador |
School of Law, Deakin University |
Relação |
http://dro.deakin.edu.au/eserv/DU:30008562/n20021205.pdf http://search.informit.com.au/documentSummary;dn=20031018;res=AGISPT |
Palavras-Chave | #Restitution |
Tipo |
Journal Article |