The yoking of unconscionability and unjust enrichment in Australia
journal contribution
posted on 2002-01-01, 00:00authored byJ McConvill, Mirko Bagaric
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.
History
Journal
Deakin law review
Volume
7
Issue
2
Pagination
225 - 260
Publisher
School of Law, Deakin University
Location
Geelong, Vic.
ISSN
1321-3660
Language
eng
Publication classification
C1 Refereed article in a scholarly journal; C Journal article