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Question 1.
"...the scope of the situations in which (equitable) relief will be granted for unconscionable bargains is both extensive and ancient"perHeenan J in Perpetual Trustees Victoria Ltd v Burns [2015] WASC 234 at [224]
What is meant by "unconscionable" and under what circumstances does equity grant relief on the basis of "unconscionability" in relation to transactions? After setting out and explaining the principles provide examples of those principles in operation in selected recent case law.
OR
Question 2.
The common law and equity both developed concepts of "estoppel by conduct". There are distinctions between the concepts but there has long been as school of argument that it should be possible to develop a single substantive doctrine.
In Commonwealth v Verwayen (1990) 170 CLR 394 at 410-11 Mason CJ said "...the consistent trend in the modern decisions points inexorably towards the emergence of one overarching doctrine of estoppel rather than a series of independent rules"
Explain the differing approaches of common law and equity to the concept of "estoppel by conduct",discuss the elements of this unifying principle and the potential advantages of a single doctrine and the likelihood that it will in fact be implemented.
Verified Expert
Distinct approaches of common law and equity are stated at first. The principles of common law and equity law are given in principles section. The Competition and Consumer Act 2010 is used in section three of question 2, which deals with potential advantages of a single doctrine. The common law doctrine is stated in this section.
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This assignment is worth 30 % of total marks in this Unit. Word Limit is 3000 words. That limit does not include footnotes or bibliography. Referencing, footnoting and bibliography are assessable components of this assignment. Answers must be submitted in two versions with one “ecopy” to be submitted through the Turnitin Portal and the other in hard copy to be handed in in class. The hard copy will be returned.Hard copy versions must be in no less than 12 point font and have a margin for comments. Answers must be submitted by 5:30 pm Tuesday 18th. Hard copies maybe handed in at Class. Extensions will not generally be granted except for illness documented with a doctor’s certificate or events proven to be beyond the control of thestudent. Extensions will not be granted for pressure of work occasioned by other assessment items in other units.Applications for extension must be in writing and accompanied by relevant evidence.
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