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

Format:

Book

Author/Creator:

Wooler, Garth, author.

Language:

English

Subjects (All):

Unconscionable contracts.

Physical Description:

1 online resource (291 pages)

Edition:

1st ed.

Place of Publication:

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

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 detailed 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.

Contents:

Intro

Table of Contents

List of Figures and Tables

Abstract

Acknowledgements

Chapter One

Section A. Legal Issue and Investigative Approaches

1.0. Research Question

2.0. Hypothesis

3.0. Rationale

Section B. Research Contribution, Assumptions and Methodology

1.0. Contribution to the Body of Knowledge

2.0. Caveat Regarding Reader's Prior Knowledge

3.0. Methodology

Section C. Terminology, Syntax and Vocabulary

1.0. Usage in This Document

2.0. Independent Instrument Naming Conventions

3.0. The 'Contractual' Nature of Independent Instruments

4.0. Referencing, Punctuation and Grammar

Section D. The Argument for Independent Instrument Unconscionability

Section E. Chapter Summary

Chapter Two

Section A. The Independence Principle

1.0. The Independence Principle in Context

2.0. Nomenclature of 'Independence' and 'Autonomy'

3.0. Theoretical Foundations for the Independence Principle

4.0. Legal Regimes Grounding the Independence Principle

5.0. The Independence Principle in Documentary Credit Rule Sets

6.0. Case Law on Independent Instrument Inde

7.0. Risk Allocation

Section B. Exceptions to Independence: Fraud and Illegality

1.0. Fraud in Brief

2.0. Illegality in Brief

Section C. Summary of the Independence Principle and Exceptions

Chapter Three

Section A. Introduction to Unconscionable Conduct

Section B . Theoretical Foundations of Unconscionable Conduct

1.0. Equity and the Development of Unconscionability

2.0. Australian Statutory Unconscionability

3.0. Procedural and Substantive Unconscionability

4.0. Framing the Doctrine of Unconscionable C

5.0. Categorising Unconscionable Conduct

6.0. Independent Instruments and Unconscionability Law

7.0. Findings on Unconscionability.

Section C. Theoretical Foundations of the Unconscionability Exception

1.0. Analysis of the Exception

Chapter Four

Section A. The Unconscionability Exception in Singapore

1.0. Introduction

Section B. The Unconscionability Exception in Singapore's Courts

1.0. Case Analyses-Singapore

2.0. Conclusion to Singaporean Case Analyses

Chapter Five

Section A. The Unconscionability Exception in Australia

1.0. Introduction and Context

2.0. Case Analyses-Australia

3.0. Conclusion to Australian Case Analyses

Chapter Six

Section A. A New Category of Unconscionable Conduct

1.0. Theoretical Rationale for Independent Instrument Unconscionability

2.0. Independent Instrument Unconscionability

3.0. Elements of Independent Instrument Unconscionability

4.0. Summary of the Characteristics of Independent Instrument Unconscionability

Bibliography.

Notes:

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-5275-2090-0

OCLC:

1062396073