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Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"
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Clinician Guide for Consumer Transactions (11:X) (view source)
Revision as of 04:43, 13 August 2016
, 04:43, 13 August 2016→6. Unconscionability, Undue Influence, and Duress
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=== 6. Unconscionability, Undue Influence, and Duress === | === 6. Unconscionability, Undue Influence, and Duress === | ||
Unconscionability, undue influence, and duress can all make a contract voidable. There are two requirements for unconscionability: an imbalance in the relationship of the parties, and an imbalance in the contract. Unconscionability is also dealt with in the ''BPCPA'', ss 8-10. See ''Morrison v Coast Finance Ltd'' (1965) 55 DLR (2d) 710 and ''Harry v Kreutziger'' (1978) 95 DLR | Unconscionability, undue influence, and duress can all make a contract voidable. There are two requirements for unconscionability: an imbalance in the relationship of the parties, and an imbalance in the contract. Unconscionability is also dealt with in the ''BPCPA'', ss 8-10. See ''Morrison v Coast Finance Ltd'' (1965), 54 WWR 257, 55 DLR (2d) 710 (BCCA) and ''Harry v Kreutziger'' (1978), 95 DLR (d) 231 for examples of unconscionability. Undue influence is the abuse of a relationship of trust and confidence to strongly influence another to make a contract. See ''Geffen v Goodman Estate'', [1991] 2 SCR 353, [1991] 5 WWR 389 for an example of undue influence. Duress is the coercion of the will to the point where it vitiates consent. | ||
=== 7. Illegality === | === 7. Illegality === | ||
