Research Catalog

Title

Unconscionable conduct in commercial transactions : global perspectives and applications / by Garth Wooler.

Author

Wooler, Garth

Publication

Newcastle upon Tyne, UK : Cambridge Scholars Publishing, 2018.

Items in the Library & Off-site

Details

Description

ix, 279 pages; 22 cm

Summary

"This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a...survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide-ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice."--

Subject

• Unconscionable contracts
• Documentary credit > Law and legislation
• Security (Law)
• Documentary credit > Law and legislation
• Unconscionable contracts
• Australia
• Singapore
• Finances
• Banks

Bibliography (note)

• Includes bibliographical references (pages 265-279).

Contents

Abstract -- Scope and fundamentals of the law of documentary credits and demand guarantees -- The independence principle : context, application, case law and analysis -- Unconscionable conduct and the unconscionability exception -- Case law : unconscionability exception : Singapore -- Case law : unconscionability exception : Australia -- The doctrine of independent instrument unconscionability.

ISBN

• 9781527515789
• 1527515788
• 9781527520905 (canceled/invalid)

OCLC

• on1050964103
• 1050964103
• SCSB-9206163

Owning Institutions

Princeton University Library