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consent wk9 - Coggle Diagram
consent wk9
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unconscious conduct
:warning:rule:A weaker party is under a special disability
The stronger party knows of the special disability AND the stronger party takes advantage of it (CBA Ltd v Amadio)
The word unconscionable means “against good conscience”, “harsh” or “excessive” or “unfair” commercial conduct
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misrepresentation
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negligent
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there is no intention to deceive
The remedy is rescission (bringing the contract to an end BUT no damages can be claimed by P)
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undue influence
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rule: Undue influence is a rebuttable presumption in certain types of relationships
(Examples include parent and child, guardian and ward, solicitor and client, doctor and patient, trustee and beneficiary, religious adviser and devotee spouses)
In such relationships a :warning:power imbalance is presumed by the court
the avoidance of the presumption: if the dominant party ensures the weaker party obtains independent, professional advice before the contract is made.
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