WHAT IS MEANT BY THE TERM "UNCONSCIONABLE CONTRACT"?

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INTRODUCTION In the past fifteen years the concept of unconscionablitity has become a significant theme in the Australian law of contract. Liberal theories, which locate freedom of contract as central, have been tempered by an increasing emphasis on justice and conscionable conduct in contractual relations. Virginia courts have defined an unconscionable contract to be "one that no man in his senses and not under a delusion would make, on the one hand, and as no …

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…T., Des, G., Business, society & The law, Sydney, Harcourt Brace u<Tab/>Belconnen, Unconscionable conduct: a guide to section 52A of the Trade practices Act, A.C.T.: Trade Practices Commission, 1987 u<Tab/>Allan, D.E., Law of Contract in Australia, North Ryde, N.S.W.: CCH Australia, c1987 u<Tab/>Seddon, Nicholas, Law of Contract 4th Australian Ed, Sydney, Butterworths, 1997