I think fundamentally it is a case where a serious injustice was done to the defendants, and where the law of unconscionable bargain was stretched almost to breaking point.
In Part IV I shall comment on what the High Court's decision does to the law of unconscionable bargain.
The deed of forgiveness was held to be an unconscionable bargain.
on the basis that it was an unconscionable bargain.
The equitable principles relating to undue influence and relief against unconscionable bargains are closely related, but the doctrines are separate and distinct.
100) Nevertheless, relief on the ground of unconscionability can be claimant-sided relief, and this can be demonstrated by reference to the unconscionable bargain doctrine, a doctrine which has both contextual and historical links with the doctrine of undue influence.
Returning to the cases on the unconscionable bargain doctrine which adopt a clear claimant-sided orientation, further analysis reveals, at least, two different approaches within them: the 'causal-connection' approach and the 'status' approach.
69) See David Capper, 'The Unconscionable Bargain in the Common Law World' (2010) 126 Law Quarterly Review 403.
It is quite clear that the doctrine applied by the English courts during this period of reincarnation for the unconscionable bargain is significantly different from that applied by courts in other common law jurisdictions.
Equity's unconscionable dealing doctrine is, of course, another: see Malcolm Cope, "The Review of Unconscionable Bargains
in Equity' (1983) 57 Australian Law Journal 279.
Prohibitions on the enforcement of contracts with minors, and the concepts of undue influence and unconscionable bargains, exemplify the preparedness of the law to interfere with contracts in the pursuit of fairness.
At general law, bargains wrought in unfair circumstances were ameliorated to some degree by the development in equity of the doctrine of unconscionable bargains.