Mark Pawlowski, ‘Unconscionability in modern trust law’

This article seeks to examine the extent to which a unified concept of unconscionability can be used to rationalize related doctrines of equity, in particular, in the areas of: (i) imperfect transfers of property; (ii) proprietary estoppel; (iii) joint venture arrangements; (iv) secret trusts; (v) mutual wills; and (vi) knowing receipt liability. The conclusion is that such a process of conceptualization may provide a principled doctrinal basis for equity’s intervention that has already begun to find favour in the English courts.

Mark Pawlowski, Unconscionability in modern trust law, Trusts and Trustees, Published: 7 August 2018.

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