Is English Law hampered by the absence of the phrase 'unconscionable conduct'?
The phrase is used mainly in Antipodean and Pacific former British colonies but 'unconscionability' is used similarly in the U.S. and Canada. Wikipedia (https://en.wikipedia.org/wiki/Unconscion... holds that 'inequality of bargaining power' is 'essentially the same idea,' but Australian guidance specifies 'against conscience as judged against the norms of society' (https://www.accc.gov.au/business/anti-competitive-... which seems importantly different and stronger. My worry is that the English equivalent seems to lack the moral imperative of the phrase, and that all jurisdictions might ultimately see 'inequality of bargaining power' as normal, anyway, especially in the current political climate, and especially vis-a-vis tenants. The difference of emphasis between the mother country and her former colonies is perhaps, similar in the use of the phrase 'vexatious litigant' (see https://uk.answers.yahoo.com/question/index?qid=20... but the practical difference is perhaps similarly marginal(?).
- John PLv 75 months ago
Only someone with good modern legal knowledge and historical legal knowledge of all of those parts of the world could answer that question with good authority. Let us hope that a person with that knowledge sees the question. As an ordinary citizen of the UK I had no inkling of that legal expression, nor of the differences between USA and UK etc law in that area.