Getting More Than You Bargained For: equity and the unconscionable transaction

Equity and the Unconscionable Transaction

Introduction:

Equity and trust law is founded upon the principle of equity in bargaining power between two parties, including the importance of fiduciary duty1. The instrument of agreement is intended to ensure that both parties benefit on an equitable basis from the contract. However, there may be instances when one party benefits to an extent that is unjust to the other party2. Sometimes agreement may have been secured from one party on inequitable terms and may be liable for unconscionable dealing3.
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