In these difficult times where unusual conditions have been created by restrictions imposed by the Government as a result of the Corona Virus crisis, anyone who is adversely affected by conduct by someone with whom they have a commercial or contractual relationship should consider whether the conduct by the other person amount to what is known as Unconscionable Conduct.
There are several laws which give people rights to seek damages/compensation when they have been affected by someone else’s unconscionable conduct.
In regard to Retail Leases, Section 62B and Section 71A of the Retail Leases Act specifically give either a landlord or a tenant a right to make a claim as a result of the unconscionable conduct by another party.
This could mean that conduct which strictly speaking is for instance not a technical breach of a Lease could still be unconscionable so far as the law is concerned. In relation to commercial transactions and contracts generally there is a law known as the Contracts Review Act which not only deals with unconscionable but also deals with “harsh, oppressive, or unjust” Contracts.
If you think that you may be entitled to make a claim of this type, then contact Adams & Partners Lawyers and we will be able to provide you with legal advice in that regard.
Written by Bruce Coode