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Undue influence: Towards a unifying concept of unconscionability?

Undue influence: Towards a unifying concept of unconscionability?

Pawlowski, Mark ORCID: 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 / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 09 May 2019 11:18
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: GREAT 4
URI: http://gala.gre.ac.uk/id/eprint/21493

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