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Australia unconscionabilityundue influenceproprietary estoppel

Bridgewater v Leahy

(1998) 194 CLR 457
JurisdictionAustralia
CourtHigh Court of Australia
Year1998
StatusBinding authority

Summary

An elderly donor under special disadvantage may have a gift set aside on grounds of unconscionable dealing or undue influence where the stronger party fails to rebut the presumption of unconscionable conduct.

Key Principle

unconscionable dealing; elderly donor and special disadvantage; presumption of undue influence

Area of Law

trusts

Related Cases

Thorne v Kennedy (2017) 263 CLR 85

Prenuptial agreements set aside for unconscionability and undue influence where inequality of bargaining power existed between the parties.

Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392

A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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