Inequality of Parties & Unconscionable Bargains

Fraud in Equity.

Part II, entitled “Inequality of Parties and Unconscionable Bargains,” is perhaps the most valuable segment of the book and is deserving of special praise. This part treats Lord Hardwicke’s sec- ond, third and fifth species (sometimes collectively called “construc- tive fraud”) in chapters consecutively entitled “Taking Advantage of Weakness and Necessity,” “Undue Influence,” “Breach of Fiduciary Duty and Fraud on a Power,” “Unconscionable Bargains” and “Catching Bargains With Expectants.” In these chapters Professor Sheridan demonstrates his analytical prowess, in the grouping and assortment of the various cases involving an inequitable “taking advantage” of another,“

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