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.

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

    The abuse of confidence principle is founded on considerations of general public policy viz. that in order to protect those to whom fiduciaries owe duties as a class from exploitation by fiduciaries as a class, the law imposes a heavy duty on fiduciaries to show the righteousness of the transactions they enter into with those to whom they owe such duties.

  • Avon Finance Company Ltd (Plaintiffs) v George William Bridger and Joan Bridger
    • Court of Appeal (Civil Division)
    • 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.

  • Bank of Credit and Commerce International SA v Aboody
    • Court of Appeal (Civil Division)
    • 10 Nov 1988

    On arrival at the Bank's premises, on 7th February 1980, Mrs. Aboody was conducted by a clerk from the Bank, Mr. Webster, to the office of Mr. Hallworth, the solicitor from Foysters, who was intended to advise her. Mr. Hallworth took Mrs. Aboody into a private room to speak to her privately, while Mr. Aboody waited in an adjacent room. Mr. Hallworth had read through the terms of the Charge before the interview.

  • Banco Exterior Internacional v Mann
    • Court of Appeal (Civil Division)
    • 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.

  • Lloyd's Bank Ltd v Bundy
    • Court of Appeal (Civil Division)
    • 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.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ......; to make provision about investigatory powers for enforcing the regulation of traders; to make provision about private actions in competition law and ... 1 . Consumer contracts for goods, digital content and services PART 1 . Consumer contracts for ......
  • The Solvency 2 Regulations 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (g) the contracts underlying the portfolio of insurance or reinsurance obligations do not give rise to future premium payments; . (h) the only underwriting risks ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... temporary changes to the law relating to the governance and regulation of companies and other entities. . [25 June 2020] . . Be it enacted by ... 2 inserts into the Insolvency Act 1986 a new Schedule ZA2 (contracts involving financial services). S-2 . Moratoriums in Great Britain: ......
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Books & Journal Articles
  • Contracts and competition in the regulation of European stock exchanges
    • Núm. 11-2, Junio 2003
    • Journal of Financial Regulation and Compliance
    • 121-137
  • Meta‐regulation of OTC derivatives contracts post reform
    • Núm. 21-2, Mayo 2013
    • Journal of Financial Regulation and Compliance
    • 188-200
    Purpose: The purpose of this paper is to examine the probable structure of bilateral derivatives contracts following international regulatory reforms. Design/methodology/approach: The theoretical ...
  • Public procurement of innovation policy: Competition regulation, market structure and dominant design
    • Núm. 14-4, Marzo 2014
    • Journal of Public Procurement
    • 473-494
    Recently, industry policy researchers have been more interested in public procurement, as a “demand side” policy approach. The mainstream exclusively targeted public procurement demand to push inno...
    ...... shaping instrument, and conducts an empirical study to me asure the correlations among the competition regulation of procurem ent contracts awarding, industry competition structure and dominant design cultivation efficiency. INTRODUCTION Public procurement was first introduced as an ......
  • ‘Contractual Governance’ of Deviant Behaviour
    • Núm. 30-4, Diciembre 2003
    • Journal of Law and Society
    This paper seeks to analyse and make sense of the growing role and implications of forms of ‘contractual governance’ that are emerging in diverse fields of social life and public policy in England ...
    ......Collectively, these modes of control mimic and deploy ` contracts ' and ` agreement ' in the regulation of deviant conduct and disorderly ......
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Law Firm Commentaries
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