What are the elements that must exist before a contract may be rescinded for unconscionable conduct. Please refer to Commercial Bank v Amadio (1983).
Imogen sells her unit to Clare. It overlooks a beautiful park. In their conversations about the
unit and the environment, Clare is obviously very attracted by the park and by the fact that
she could walk her three dogs there. She does not ask whether any changes to the park were
planned, so Imogen does not mention the fact that the Council has approved a 12-storey
multi-unit dwelling that includes a car park and skateboarding rink that will reduce the size of
the park by half and alter the ambience dramatically. Shortly after Clare moves in, so do the
bulldozers. She is very upset and seeks your advice as to whether she can rescind the contract for misrepresentation.
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