Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?

Richard Bigwood

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article considers the private-law doctrines of duress, undue influence and unconscionable dealing as they have feared at the hands of New Zealand's judiciary. It speculates, necessarily briefly, on whether there is anything distinctively "Kiwi" about the courts' formulation of and approach to those three doctrines in New Zealand, whether individually or as a related set. It concludes that because New Zealand's courts have borrowed from different, and not entirely consistent, jurisprudential sources of inspiration in relation to the development of each of the subject doctrines, what has resulted is a suite of exculpatory doctrines that are not as intellectually coordinated as they could and should be.
Original languageEnglish
Pages (from-to)83-116
Number of pages34
JournalVictoria University of Wellington Law Review
Volume42
Issue number1
Publication statusPublished - 2011

Fingerprint

doctrine
New Zealand
private law
judiciary

Cite this

@article{9c8e81d9ea4e4168824388da5cdf4bae,
title = "Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?",
abstract = "This article considers the private-law doctrines of duress, undue influence and unconscionable dealing as they have feared at the hands of New Zealand's judiciary. It speculates, necessarily briefly, on whether there is anything distinctively {"}Kiwi{"} about the courts' formulation of and approach to those three doctrines in New Zealand, whether individually or as a related set. It concludes that because New Zealand's courts have borrowed from different, and not entirely consistent, jurisprudential sources of inspiration in relation to the development of each of the subject doctrines, what has resulted is a suite of exculpatory doctrines that are not as intellectually coordinated as they could and should be.",
author = "Richard Bigwood",
year = "2011",
language = "English",
volume = "42",
pages = "83--116",
journal = "Victoria University of Wellington Law Review",
issn = "1171-042X",
number = "1",

}

Ill-gotten contracts in New Zealand : Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style? / Bigwood, Richard.

In: Victoria University of Wellington Law Review, Vol. 42, No. 1, 2011, p. 83-116.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Ill-gotten contracts in New Zealand

T2 - Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?

AU - Bigwood, Richard

PY - 2011

Y1 - 2011

N2 - This article considers the private-law doctrines of duress, undue influence and unconscionable dealing as they have feared at the hands of New Zealand's judiciary. It speculates, necessarily briefly, on whether there is anything distinctively "Kiwi" about the courts' formulation of and approach to those three doctrines in New Zealand, whether individually or as a related set. It concludes that because New Zealand's courts have borrowed from different, and not entirely consistent, jurisprudential sources of inspiration in relation to the development of each of the subject doctrines, what has resulted is a suite of exculpatory doctrines that are not as intellectually coordinated as they could and should be.

AB - This article considers the private-law doctrines of duress, undue influence and unconscionable dealing as they have feared at the hands of New Zealand's judiciary. It speculates, necessarily briefly, on whether there is anything distinctively "Kiwi" about the courts' formulation of and approach to those three doctrines in New Zealand, whether individually or as a related set. It concludes that because New Zealand's courts have borrowed from different, and not entirely consistent, jurisprudential sources of inspiration in relation to the development of each of the subject doctrines, what has resulted is a suite of exculpatory doctrines that are not as intellectually coordinated as they could and should be.

M3 - Article

VL - 42

SP - 83

EP - 116

JO - Victoria University of Wellington Law Review

JF - Victoria University of Wellington Law Review

SN - 1171-042X

IS - 1

ER -