Overview
Setting aside a contract based on the equitable doctrine of unconscionability is always difficult, and more so in the context of domestic agreements. On the one hand courts wish to preserve the ability of spouses to order their affairs through contract, while on the other recognize that inequality of bargaining power and incomplete disclosure of material facts render such agreements unfair.
Topics include:
- The equitable doctrine of unconscionability with application to contracts generally and domestic agreements specifically.
- Problems of proof and corroboration.
- Formation of the contract and legal professional privilege.
- Professionalism and managing the lawyer-client relationship.
Discussion Materials
Session Recording
In the Media
This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on May 16, 2024.