| Term | Definition |
|---|
| O'Connor v Hart | defines an unconscionable bargain as a contract entered into by a poor or ignorant person which is unfair or unreasonable without independent advice |
| Moffat v Moffat | 1)special disadvantage 2) knowledge by stronger party 3) victimization |
| Nicols v Jessup | affirms the need for victimization = passive acceptance in unconscionable circumstances -, and could be elements of unequal consideration an procedural impropriety. |
| Gustav v Macfield | if disability (weak party), focus shifts to the conduct of the other party (stonger party) - question is whether in circumstances is it unconscionable to permit stronger party to take benefit of the bargain. |
| Jenkins v NZI Finance | NO UCB as wife consulted a solicitor an was of free an independent legal mind |
| Moffat v Moffat Facts | wife suffered anxiety an stress, husband knew an took advantage - no independent legal advice |
| Gustav v Macfield | special disadvantage = age, illness, physical, mental, anxiety , stress |
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