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It can now be said that the scope for the courts to grant relief has been substantially widened.
Mason J stated in Commercial Bank of Australia v Amadio at 462, that the Courts would grant relief to an innocent party if it could be seen that the other party not informing the innocent party of their true position uses an unconscionable advantage to remove the autonomous and voluntary nature of negotiation. Furthermore, failure to make a proactive effort to inform a third party to negotiations of their exact obligations might give grounds for the third party to avoid their obligation .
Hence, where no genuine agreement between parties is found, on the grounds of unconscionable conduct, the remedies that are available under common law is to declare the contract unenforceable...
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