Unconscionable Bargains in Equity and under Statute

Abstract

This article considers the relationship between the equitable doctrine of unconscionable dealing, the statutory prohibition on unconscionable conduct in the Australian Consumer Law, and the power to reopen unjust contracts under the Contracts Review Act 1980 (NSW). In so doing it seeks to explore the influence of the equitable doctrine on the courts’ interpretation of the power to give relief against unconscionable conduct and unjust contracts under these statutes, and also the possibility of a reciprocal relationship, with statute influencing the development of the equitable doctrine.