Unconscionable conduct in commercial transactions : global perspectives and applications / by Garth Wooler.

Includes bibliographical references.

Print version record.

Intro; Table of Contents; List of Figures and Tables; Abstract; Acknowledgements; Chapter One; Section A. Legal Issue and Investigative Approaches; 1.0. Research Question; 2.0. Hypothesis; 3.0. Rationale; Section B. Research Contribution, Assumptions and Methodology; 1.0. Contribution to the Body of Knowledge; 2.0. Caveat Regarding Reader's Prior Knowledge; 3.0. Methodology; Section C. Terminology, Syntax and Vocabulary; 1.0. Usage in This Document; 2.0. Independent Instrument Naming Conventions; 3.0. The 'Contractual' Nature of Independent Instruments

4.0. Referencing, Punctuation and GrammarSection D. The Argument for Independent Instrument Unconscionability; Section E. Chapter Summary; Chapter Two; Section A. The Independence Principle; 1.0. The Independence Principle in Context; 2.0. Nomenclature of 'Independence' and 'Autonomy'; 3.0. Theoretical Foundations for the Independence Principle; 4.0. Legal Regimes Grounding the Independence Principle; 5.0. The Independence Principle in Documentary Credit Rule Sets; 6.0. Case Law on Independent Instrument Inde; 7.0. Risk Allocation; Section B. Exceptions to Independence: Fraud and Illegality

1.0. Fraud in Brief2.0. Illegality in Brief; Section C. Summary of the Independence Principle and Exceptions; Chapter Three; Section A. Introduction to Unconscionable Conduct; Section B . Theoretical Foundations of Unconscionable Conduct; 1.0. Equity and the Development of Unconscionability; 2.0. Australian Statutory Unconscionability; 3.0. Procedural and Substantive Unconscionability; 4.0. Framing the Doctrine of Unconscionable C; 5.0. Categorising Unconscionable Conduct; 6.0. Independent Instruments and Unconscionability Law; 7.0. Findings on Unconscionability

Section C. Theoretical Foundations of the Unconscionability Exception1.0. Analysis of the Exception; Chapter Four; Section A. The Unconscionability Exception in Singapore; 1.0. Introduction; Section B. The Unconscionability Exception in Singapore's Courts; 1.0. Case Analyses-Singapore; 2.0. Conclusion to Singaporean Case Analyses; Chapter Five; Section A. The Unconscionability Exception in Australia; 1.0. Introduction and Context; 2.0. Case Analyses-Australia; 3.0. Conclusion to Australian Case Analyses; Chapter Six; Section A.A New Category of Unconscionable Conduct

1.0. Theoretical Rationale for Independent Instrument Unconscionability2.0. Independent Instrument Unconscionability; 3.0. Elements of Independent Instrument Unconscionability; 4.0. Summary of the Characteristics of Independent Instrument Unconscionability; Bibliography

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide-ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along.

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