A Reformulated Test for Unconscionability
(2019) 135(3) Law Quarterly Review 400-405
5 Pages Posted: 21 Aug 2019 Last revised: 2 Jul 2020
Date Written: July 1, 2019
It is perhaps not every day that a court makes a finding that nearly all of the vitiating factors apply in a single case. Yet, in the unusual case of BOM v BOK  SGCA 83, the Singapore Court of Appeal found that the respondent’s declaration of trust (DOT) for his infant son could be set aside on the bases of misrepresentation, mistake, undue influence and unconscionability. It is to be noted that duress was not pleaded by the respondent. With the court finding for the respondent on so many grounds, it is perhaps surprising that this case reached the apex court of Singapore. What may be even more unusual about this case, is that the first appellant was in fact legally-trained and had practised as an advocate and solicitor some years before the events of this case.
Keywords: Contract Law, Unconscionability, Equity
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