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11 Pages • Essays / Projects • Year: Pre-2021
“That Australian society, and particularly the role of women in that society, has changed in the last six decades is undoubted. But some things are unchanged. There is still a significant number of women in Australia in relationships that are, for many and varied reasons, marked by disparities of economic and other power between the parties.” To what extent was the High Court of Australia correct to apply the “special equity of wives” to avoid an otherwise binding contract in Garcia v National Australia Bank Ltd? In answering the question, you must address: - The consistency of the “wives special equity” principle with the classical approach to contract law and at least one there theoretical approach to contract law - The fairness and justice of continuing to apply this principle in 21st century Australia
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