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Abstract

In this paper I wish to discuss overseas loan litigation as this is currently the most trendy area in which to dabble. I will concentrate on s 52 of the Trade Practices Act for the same reason. Nonetheless, it is important not to get tunnel vision. There are a large number of cases which deal with a financier’s general obligationsmto explain documents for example. I will also deal with some of these obligations. Further, there is a tendency to regard s 52 prohibiting misleading or deceptive conduct as a type of Rosetta stone in the area and not adequately to consider the development of the common law in relation to unconscionable conduct, breach of contract and negligence. This is a tendency which must be resisted. There is no doubt that the law of unconscionable conduct and negligence is very much alive and well in all cases in which a writ has a financial institution as its recipient.

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