Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2018) Undue influence: Towards a unifying concept of unconscionability? The Denning Law Journal, 30 (1). pp. 117-151. ISSN 0269-1922

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Abstract

The article argues for an assimilation of the related doctrines of undue influence and unconscionable dealings under one common umbrella of unconscionability. The interrelationship between unconscionable bargains and undue influence under English law is considered in some detail, as well as developments in other Commonwealth jurisdictions, notably, in Canada, Australia and New Zealand. After examining the views of several academic commentators, the conclusion is that such an assimilation would do much to rationalise and simplify current English law. If, however, the English courts are reluctant to undertake what is perceived to be essentially a function of Parliament in developing the law, serious thought should be given to rationalising this area of law by means of legislative intervention.

Item Type:	Article
Uncontrolled Keywords:	Influence, Unconscionability
Subjects:	K Law > K Law (General)
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	09 May 2019 11:18
URI:	http://gala.gre.ac.uk/id/eprint/21493

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