Asset lending, unconscionable conduct and intermediaries

McGill, Denise (2014) Asset lending, unconscionable conduct and intermediaries. Australian Business Law Review, 42(3), pp. 146-186.

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This article deals with cases where borrowers of loans for business or investment claimed their lender had engaged in asset lending which amounted to unconscionable conduct under the equitable doctrine or under the Australian Securities and Investments Commission Act 2001 (Cth). The article reviews recent cases, seeking to identify the key factors influencing a conclusion of, or against, unconscionable conduct. The article examines the practice of lending through intermediaries and how the application of agency law can insulate lenders from the wrongful conduct of intermediaries. The article explains the gap in the current position and discusses possible law reform which may remedy that.

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ID Code: 73081
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 0310-1053
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Equity and Trusts Law (180112)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2014 Thomson Reuters
Deposited On: 29 Jun 2014 22:50
Last Modified: 05 Jul 2014 22:41

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