ABSTRACT
This chapter describes analysis of the case law. The Australian case law has been open to acknowledging the very wide range of weakness which equity might protect - not just expectant heirs or the poor and ignorant. The range of weakness includes financial need, the need for assistance or explanation, indeed need of any kind. Transactional imbalance and inadequacy of consideration are not necessary requirements, but it can be relevant. The precise requirements for the doctrine of unconscionable bargain have fluctuated in the case law, and there are a few points of divergence between the jurisdictions. The notion of passive acceptance has been recognised in a number of jurisdictions. Chen-Wishart says that to require exact equality of bargaining power would leave no contract standing. Thal says that bargaining power requires a broad review of the market in general, for which the courts are ill-suited.
