Contracts Regulation in UK Law

Leading Cases
  • National Westminster Bank Plc v Morgan
    • House of Lords
    • 07 Mar 1985

    In my judgment, therefore, the Court of Appeal erred in law in holding that the presumption of undue influence can arise from the evidence of the relationship of the parties without also evidence that the transaction itself was wrongful in that it constituted an advantage taken of the person subjected to the influence which, failing proof to the contrary, was explicable only on the basis that undue influence had been exercised to procure it.

  • Barclays Bank Plc v O'Brien
    • House of Lords
    • 21 Oct 1993

    In particular, if the party asserting that he takes free of the earlier rights of another knows of certain facts which put him on inquiry as to the possible existence of the rights of that other and he fails to make such inquiry or take such other steps as are reasonable to verify whether such earlier right does or does not exist, he will have constructive notice of the earlier right and take subject to it.

  • Bank of Credit and Commerce International SA v Aboody
    • Court of Appeal
    • 10 Nov 1988

    He then made one or two suggestions for limiting her liability, but got the impression that she was indifferent to his suggestions as though she thought it would be a waste of time to put them forward However, while he was still attempting to give his advice to Mrs. Aboody, her husband had burst into the room uninvited and in a high state of excitement.

  • CIBC Mortgages Plc v Pitt and Another
    • House of Lords
    • 21 Oct 1993

    I should add that the exact limits of the decision in Morgan may have to be considered in the future.

  • Avon Finance Company Ltd (Plaintiffs) v George William Bridger and Joan Bridger
    • Court of Appeal
    • 10 Oct 1979

    The first matter is that the plaintiffs chose to appoint the son, who was the debtor, to procure from his parents the security which he and they needed to further the transaction on which they were engaged. The person whom they chose to appoint, being a son, could be expected to have some influence over his elderly parents, and that is something of which the plaintiffs could or should have been aware.

  • Lloyd's Bank Ltd v Bundy
    • Court of Appeal
    • 30 Jul 1974

    By virtue of it, the English law gives relief to one who, without independent advice, enters into a contract or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or desires, or by his own ignorance or infirmity, coupled with undue influences or pressures brought to bear on him by or for the benefit of the other.

  • Banco Exterior Internacional v Mann
    • Court of Appeal
    • 23 Nov 1994

    It was no part of the solicitor's duty to advise her not to sign. It was enough if she would receive such advice as would leave her in no doubt of her right to decide whether she was willing in all the circumstances to take a risk which had been explained to her.

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