Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!
5 Pages 1307 Words

Management Add in library

Referencing Styles : OSCOLA
Critically evaluate whether duress and undue influence together constitute an appropriate law against unconscionable contracts. It is critical that you follow instruction as attached 1.The word limit is 3,000 words, +/- 10% inclusive of footnotes. Please note that the references/bibliography is not count towards the word limit so do not including references/bibliography in your final word count. 2.Where you quote directly or take ideas from something you have read you must reference these corr ...

View More
expert
Eric Stender Completed Orders: 2697
5/5
Customer Feedback   4/5

Got my assignment completed before time! really appreciated. It was a really short time but still they have given me back one day before my submission Haven't submitted yet but hopefully it will be perfect :). I will definitely order in the future again!


Tags: Australia Okahandja Management Management University of New South Wales Management 

Solutions

Introduction

A contract is the promise which two or more parties make to each other, for fulfilling the obligations covered under the contract. However, there are times where the contract which has been formed, becomes void, unenforceable or voidable, owing to certain situations being present. One of such instances, where these results can be attained, is unconscionable contract. Unconscionable contract or unconscionability under the English law denotes the dominating party under the contract, exploiting the weaker party, based on their special disability[1]. This is the reason why inequality of bargaining power is also used as a term to refer to unconscionable contracts. The unconscionable contracts can further be classified in undue influence and duress. Where such happens, that consent to the contract is undertaken based on undue influence or duress, the court stops the enforcement of such contracts. Where any money or goods are transferred as a result of such conduct, the same can be claimed back[2].

The law places limitations on the exercising of the economic power by the contracting parties. Traditionally, this has been covered under the doctrine of undue influence and duress, but in the recent years, attempts have been made to introduce it in the common law as a doctrine of bargaining power.



[1] Larry A. DiMatteo and ‎Martin Hogg, Comparative Contract Law: British and American Perspectives (Oxford University Press 2016)

[2] Mel Kenny, ‎James Devenney and ‎Lorna Fox O'Mahony, Unconscionability in European Private Financial Transactions: Protecting the Vulnerable (Cambridge University Press 2010)

OR

Over the last few years, MyAssignmenthelp.com has emerged as one of the leading websites that provide high quality accounting assignment help. We provide assistance with wide ranges of assignments. We have segmented our writers in separate teams to offer maths assignment; economic assignment help and statistics assignment help as well. We have teams of expert writers to render assistance on more than 100 subjects. We offer custom-made law assignment help to students who are looking for assignment help with legal terms and structure.

Management has been added in your library.
Free plagiarismFree plagiarism check online on mobile
Have any Query?