Skip to main content
Article
Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?
Victoria University of Wellington Law Review
  • Rick Bigwood, Bond University
Date of this Version
1-1-2011
Document Type
Journal Article
Publication Details

Published version

Bigwood, R. (2011). Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style? Victoria University of Wellington law review, 42 (1), 83-116.

Access the journal's website.

2011 HERDC submission. FoR code: 180105

© Copyright Victoria University of Wellington Law Review, 2011

Disciplines
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.

Citation Information
Rick Bigwood. "Ill-gotten contracts in New Zealand: Parting thoughts on duress, undue influence and unconscionable dealing - Kiwi-style?" Victoria University of Wellington Law Review Vol. 42 Iss. 1 (2011) p. 83 - 116 ISSN: 1171-042X
Available at: http://works.bepress.com/rick_bigwood/7/