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Australia Leading Case unconscionabilityrescission

Louth v Diprose

(1992) 175 CLR 621
JurisdictionAustralia
CourtHigh Court of Australia
Year1992
StatusBinding authority

Summary

A gift procured by unconscionable conduct is voidable where the donor suffers a special disability of which the donee unconscientiously takes advantage.

Key Principle

unconscionable conduct; gifts procured by unconscionable dealing; special disability

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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