Question: The Task: Case Note and Comment on the following case: Gunn v Meiners [2022] WASCA. The Title of the Case Note and Comment: 'Gunn v
The Task: Case Note and Comment on the following case: Gunn v Meiners [2022] WASCA.
The Title of the Case Note and Comment: 'Gunn v Meiners: the Latest from the WA Court of Appeal on Equitable Undue Influence and Unconscionable Dealing'.
The Context: You are a graduate solicitor at a law firm in the city. Your supervising partner has called you into her office, where she says: 'Listen, we're having an even in a couple of weeks ... it's partly to promote the firm to potential clients and within the legal profession and its partly a service that we provide as members of the profession to fulfil our responsibilities as members of the legal community in Perth. It's just a few drinks (not too many).' She says, laughing at her own joke. So, I need you to write case note for me on Gunn v Meiners [2022] WASCA 95. It's a recent decision of the Court of Appeal in which the Court consider the Equitable doctrines of undue influence and unconscionable dealing. It might even be the first time that the WA Court of Appeal has considered undue influence, since the High Court decision in Thorne v Kennedy ... I wonder if it is ... look that up and see whether or not it is and include the answer in the case note ... Anyway, members of the profession will be interested to hear the latest 'take' by a WA court on these doctrines. So be sure to include anything new, different or controversial that the Court has to say ... or any questions that the case raises about either/both of these two doctrines. Call it: Gunn v Meiners: the Latest from the WA Court of Appeal on Equitable Undue Influence and Unconscionable Dealing' ... yeah ... that captures the angle that I am going for ... Of course, if the case doesn't say anything new or interesting, well then write that. I don't want to misrepresent the decision, just to make it look interesting. Well, off you go now, get on it! And ... Make me proud.' You note that she is no longer smiling.
Therefore, the Case Note as well as the Comment should focus on what the decision has to say about Equitable undue influence and unconscionable dealing.
This is a research exercise, meaning that students are expected to consult primary sources (ie cases) and secondary sources (eg articles published in refereed journals, such as the Journal of Equity, Journal of Contract Law, University of Melbourne Law Review, Family Law Review etc) beyond those to which you are referred in class. Students must refer to at least one secondary source. As this is a research task, remember to include a bibliography.
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