The yoking of unconscionability and unjust enrichment in Australia

McConvill, James and Bagaric, Mirko 2002, The yoking of unconscionability and unjust enrichment in Australia, Deakin law review, vol. 7, no. 2, pp. 225-260.

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Title The yoking of unconscionability and unjust enrichment in Australia
Author(s) McConvill, James
Bagaric, Mirko
Journal name Deakin law review
Volume number 7
Issue number 2
Start page 225
End page 260
Publisher School of Law, Deakin University
Place of publication Geelong, Vic.
Publication date 2002
ISSN 1321-3660
Keyword(s) Restitution
Summary Given problems with, and judicial criticism of, unjust enrichment as a principle, it is necessary and appropriate that unjust enrichment be subsumed by the expanding doctrine of unconscionability - could create a unifying concept which can be applied to achieve justice in a variety of different contexts - triggers for equitable intervention to reverse or adjust transfers of resources on the basis of unconscionability - where there is neither real consent or real consideration - where either variable is absent and it is unclear whether the other is satisfied - approach would inject principle into unconscionability and explain and justify the need for reversing or adjusting the transfer of property or other resources in some circumstances.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
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Document type: Journal Article
Collections: Faculty of Business and Law
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