Equity in the Market Place: Reviewing the Use of Unconscionability to Restrain Calls on Performance Bonds
Unconscionability as a distinct ground for restraining calls on performance bonds is part of Singapore law. While the Singapore judges have articulated the policy reasons for restraining performance bond on this ground, they have thus far not explained the doctrinal basis for the unconscionability exception. This point is important because it would impact on the issue of whether the unconscionability exception may be contractually excluded by the parties.