Question 1.
"...the scope of the situations in which (equitable) relief will be granted for unconscionable bargains is both extensive and ancient"
perHeenan J in Perpetual Trustees Victoria Ltd v Burns [2015] WASC 234 at [224]
What is meant by "unconscionable" and under what circumstances does equity grant relief on the basis of "unconscionability" in relation to transactions? After setting out and explaining the principles provide examples of those principles in operation in selected recent case law.
OR
Question 2.
The common law and equity both developed concepts of "estoppel by conduct". There are distinctions between the concepts but there has long been as school of argument that it should be possible to develop a single substantive doctrine.
In Commonwealth v Verwayen (1990) 170 CLR 394 at 410-11 Mason CJ said "...the consistent trend in the modern decisions points inexorably towards the emergence of one overarching doctrine of estoppel rather than a series of independent rules"
Explain the differing approaches of common law and equity to the concept of "estoppel by conduct",discuss the elements of this unifying principle and the potential advantages of a single doctrine and the likelihood that it will in fact be implemented.