From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 10/07/2013 11:14:19 UTC
Subject: [RDG] Terms and Conditions to be Imposed Following Relief From Forfeiture

Some of you may be interested in the judgment of the Privy Council
concerning the terms on which relief from forfeiture may be granted. I
at least would be interested in any comments you may have on the
contrasting views of the majority and minority.

From an initial reading, I think the judgment of the majority is by
far the preferable approach but perhaps I am missing something.

The judgment of the majority is interesting because of its treatment
of equitable concepts such as unconscionability. On this analysis,
unconscionability, as expounded in decided cases, has not yet been
deprived of all explanatory power, despite what some may wish.

Summary here

http://www.bailii.org/uk/cases/UKPC/2013/20.(image1).pdf

Judgment here

http://www.bailii.org/uk/cases/UKPC/2013/20.html

Kind regards

Ger

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