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The right of an innocent party to rescind may be lost if the parties cannot be substantially restored to their original positions.

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Why are courts generally reluctant to set aside a contract due to a mistake by one of the parties? Do you agree with this reluctance?

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In Commercial Bank of Australia v Amadio (1983) 151 CLR 447 which of the following was NOT a reason why the bank was considered to have acted unconscionably?


A) The bank took advantage of the Amadios' special disabilities.
B) It did not insist that the parents obtain separate independent advice.
C) The bank exercised economic duress.
D) The bank did not explain the real financial position of the son whom his parents were trying to help.

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