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3 Found helpful • 11 Pages • Essays / Projects • Year: Pre-2021 • Previously uploaded under: 200757 - Equity & Trusts
Essay question: In Perpetual Trustees Victoria Ltd v Burns [2015] WASC 234, [224] Heenan J stated that in equity ‘the situations in which relief will be granted for unconscionable bargains is both very extensive and ancient.’ This refers to the fact that the historical origins of unconscientious conduct are to be found in the equitable principles developed to provide relief from ‘catching bargains.’ Justice Heenan then went on to distinguish the case before him from Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392 and noted that on the authority of Kakavas, neither constructive knowledge of a person’s disability nor inadvertence will be sufficient to constitute unconscientious conduct. Therefore, from the judgment in Burns it may be inferred that the role of equity is not to protect people from their own lack of common sense but to provide relief from predatory behaviour. Do you agree with this view? You must support your arguments with reference to precedent and scholarly secondary authorities.
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