Unfortunately this has led to looting, as unconscientious visitors have been eager to leave their mark, including graffiti, on the Kabayan mummies.
2.
The court had, of course, to define what it considered to be unconscientious, but in this respect equity has shown a progressive development.
3.
Asked for a further explanation, Deputy Mission Control chief Viktor Blagov cited " unconscientious " journalists who allegedly exaggerated some of the Mir's past problems.
4.
It is of interest to recall that Professor Birks'explanation of the theory of'free acceptance'is that the recipient's'unconscientious conduct'precludes him or her from denying subjective benefit.
5.
The court, it was said, had power to set aside the contract whenever it was of opinion that it was unconscientious for the other party to avail himself of the legal advantage which he had obtained : " Torrance v Bolton " per James L . J.
6.
Nothing leads me to suppose that the course of the development of the law over the last 100 years has been such that the emphasis on unconscionable conduct or unconscientious use of power has gone and relief will now be granted in equity in a case such as the present if there has been unequal bargaining power, even if the stronger has not used his strength unconscionably.
7.
Professor Birks ( in response to a critique by Professor Burrows ) has stressed that'free acceptance'should not be understood as meaning that the recipient values the thing in question, but as unconscientious conduct precluding him or her from exercising the usual right to assert that he or she was not subjectively benefited : see In Defence of Free Acceptance in Essays on the Law of Restitution ( ed.
8.
The whole emphasis is on extortion, or undue advantage taken of weakness, an unconscientious use of the power arising out of the inequality of the parties'circumstances, and on unconscientious use of power which the Court might in certain circumstances be entitled to infer from a particular and in these days notorious relationship unless the contract is proved to have been in fact fair, just and reasonable.
9.
The whole emphasis is on extortion, or undue advantage taken of weakness, an unconscientious use of the power arising out of the inequality of the parties'circumstances, and on unconscientious use of power which the Court might in certain circumstances be entitled to infer from a particular and in these days notorious relationship unless the contract is proved to have been in fact fair, just and reasonable.
10.
Fraud does not here mean deceit or circumvention; it means an unconscientious use of the power arising out of these circumstances and conditions; and when the relative position of the parties is such as prima facie to raise this presumption, the transaction cannot stand unless the person claiming the benefit of it is able to repel the presumption by contrary evidence, proving it to have been in point of fact fair, just, and reasonable ."
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