Unconscionability in modern trust law. Issue 9 (7th August 2018)

• Record Type: Journal Article
• Authors: Pawlowski, Mark
• Is Part Of: Trusts & trustees. Volume 24:Issue 9(2018)
• Page Start: 842
• Page End: 848
• Publication Date: 2018-08-07
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/tty141
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract: 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.