For relief against forfeiture of a deposit, the vendor's unconscionable conduct must have caused or contributed to the purchaser's inability to complete the contract, not merely caused the purchaser to pay a higher deposit than required. Where the vendor's trickery causes overpayment of a deposit beyond the true 10%, the excess is recoverable as a penalty but the true deposit remains forfeit. A plaintiff's misconduct towards an unassociated third party is irrelevant to the assessment of exemplary damages against the defendant. A solicitor who assists in deceitful conduct may face a higher award of exemplary damages by reason of professional status.
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