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.

Law of Mislead or Decept Conduct 4e

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Australian Consumer Law contains clear and engaging coverage of all key areas of the Australian Consumer Law (ACL), including misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees, manufacturersoÂeÂ(tm) liability and specific unfair practices. This comprehensive new book includes four chapters offering detailed analysis of misleading or deceptive conduct and specific false or misleading representations, covering the general principles and misleading conduct both in advertising and other areas of law. It examines and compares the advantages and disadvantages of actions brought under s 18 of the ACL with other options for redress. It contains an in-depth examination of the ACL remedies and enforcement powers of the Australian Competition and Consumer Commission (ACCC) including damages, pecuniary penalties, injunctions, declarations and disqualification orders. The author provides practical and theoretical analysis of important recent decisions on Australian consumer law, as well as summaries of and short extracts from relevant primary and secondary sources such as legislation, ACCC guidelines, Explanatory Memoranda and Second Reading Speeches. Each chapter includes case summaries, theory and problem questions and and further reading. The writing style is clear and succinct and the discussion includes a wide range of examples and analogies to explain complex areas of law. The depth and practical application of the text makes it ideal for undergraduate and postgraduate students of Australian consumer law or the more specific subject of misleading or deceptive conduct. It is also a valuable resource for researchers and lawyers practising in this area. Features oÂeo Covers all key topics, including misleading conduct and passing off, public enforcement and private remedies oÂeo Clear, accessible and easy to navigate design makes complex concepts easier to understand oÂeo Includes revision and problem questions to consolidate learning