1996SSRN Electronic JournalOpen access

Undue Influence, Unconscionability and Good Faith

Hans Tjio

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Abstract

Equity's reach has never been broader than it is today. In what follows, I hope to highlight some general trends as well as focus on certain specific recent developments that have occurred both in Singapore and abroad. ... [B]etween the two extremes of unabrogated contractual freedom and fiduciary obligation, lie duties of good faith, and equitable restrictions on freedom of action. One cannot, for example, exercise undue influence or misrepresent facts. Nor, increasingly, can one act unconscionably or subject the other contracting party to illegitimate pressure. ...

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Equity's reach has never been broader than it is today. In what follows, I hope to highlight some general trends as well as focus on certain specific recent developments that have occurred both in Singapore and abroad. ... [B]etween the two extremes of unabrogated contractual freedom and fiduciary obligation, lie duties of good faith, and equitable restrictions on freedom of action. One cannot, for example, exercise undue influence or misrepresent facts. Nor, increasingly, can one act unconscionably or subject the other contracting party to illegitimate pressure. ...

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Available abstract

Equity's reach has never been broader than it is today. In what follows, I hope to highlight some general trends as well as focus on certain specific recent developments that have occurred both in Singapore and abroad. ... [B]etween the two extremes of unabrogated contractual freedom and fiduciary obligation, lie duties of good faith, and equitable restrictions on freedom of action. One cannot, for example, exercise undue influence or misrepresent facts. Nor, increasingly, can one act unconscionably or subject the other contracting party to illegitimate pressure. ...

Key concepts: Unconscionability, Undue influence, Fiduciary, Equity (law), Obligation, Freedom of contract, Law and economics, Bad faith

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