Equity Essay Counter-Argument

What did the development of ‘unconsionability’ do?

Corroded the clarity and certainty of MvL maxim

Which exception lead to inconsistent case law?

unconsionability

When was the law clear-cut?

Pre further relaxation (PvW)

What is the prevailing opinion?

That PvW misinterpreted earlier authority

What case did PvW rely on

Choithram v Pagrani (many argue this also failed to follow MvL)

Khan v Mahmood judge

Martin Smith J

Which maxim did Martin Smith J disregard (proof of departure from clear, traditional rules)?

Equity will not assist a volunteer

Which scholars note PvW’s lack of guidance on how to evaluate unconsionability?

Freeman and Pullar

Too much judge discretion now allows…

equity to assist volunteers.