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Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.
The law presumes that in certain classes of special relationship, such as between parent and child, or solicitor and client, there will be a special risk of one party unduly influencing their conduct and motives for contracting. As an equitable doctrine, the court has the discretion to vitiate such a contract.
Madarchod (मादरचोद, مادرچود; English: Motherfucker), sometimes abbreviated as MC, is a Hindustani language vulgarism. [ 6 ] [ 7 ] It is a form of the profanity fuck . [ 8 ] While the word is usually considered highly offensive, it is rarely used in the literal sense of one who engages in sexual activity with another person ...
Undue influence (Section 16): "Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to ...
Conduct can be unconscionable even where the innocent party is a willing participant; the question is how that willingness or intention was produced. An innocent party may be capable of making an independent or rational judgment about an advantage in an otherwise bad bargain.
This is unconscionable. But from the arguments, it's not clear the court will say Grants Pass went too far and violated the "vagrants'" constitutional rights. Read more: Abcarian: Flamin' Hot ...
Louth v Diprose remains an important case in Australian contract law and equity and extending the scope of unconscionable conduct, from Commercial Bank of Australia Ltd v Amadio. [ 7 ] [ 8 ] [ 9 ] Accordingly, it is taught in most, if not all, Australian law schools as part of introductory, substantive contracts, and substantive equity classes.
This day to day language was often referred to by the all-encompassing term Hindustani." [5] In Colonial India, Hindi-Urdu acquired vocabulary introduced by Christian missionaries from the Germanic and Romanic languages, e.g. pādrī (Devanagari: पादरी, Nastaleeq: پادری) from padre, meaning pastor. [6]