The exercise of a legal right of re-entry for non-payment of rent is not unconscionable merely because it has adverse consequences for the tenant, including termination of a pending arbitration. Equity's jurisdiction to relieve against unconscionable conduct is confined to recognised categories (as identified in Samton Holdings), and while those categories are not necessarily closed, any extension must develop by analogy from established categories. A contracting party is entitled within reasonable limits to put its own interests first, including seeking removal of a dispute from arbitration to the court. A duty of good faith in a commercial lease does not equate to fiduciary obligations.
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