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Unconscionability: A Unifying Theme in Equity

LNB News 21/11/2008 11
Journal Citation
[2008] 72 Conv, Issue 5 2008, 401
Conveyancer and Property Lawyer, Issue 5 2008: Unconscionable is a word of immediate appeal to
an equity lawyer, but it is essential to be clear on what the word means, due to its lack of use in
everyday situations by non-lawyers
Explores and assesses the capacity of the principle of unconscionability to act as a unifying thematic
touchstone in equitable intervention, primarily with regard to developments in the years since the turn of the
21st century. Considers one fundamental question: can the principle of unconscionability provide a unified
interpretative framework through which equitable jurisdiction generally can be explained, measured and
evaluated? Whilst accepting that the notion of unconscionability is elusive and susceptible to a number of
different definitions, it is submitted that it is productive and indeed necessary at the outset to attempt to
identify clearly the meaning of the concept.
Document information
Published Date
21 November 2008
Author
Hilary Delany and Desomond Ryan
Journal Name
Conveyancer and Property Lawyer
Journal Date
1 November 2008
Jurisdiction
England;Wales