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The yoking of unconscionability and unjust enrichment in Australia

journal contribution
posted on 2002-01-01, 00:00 authored by J 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

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