Unconscionable Bargain in UK Law

Leading Cases
  • PORTMAN BUILDING SOCIETY v DUSANGH and Others (Defendants/Appellant)
    • Court of Appeal (Civil Division)
    • 19 Abril 2000

    To my mind none of the essential touchstones of an unconscionable bargain are to be found in this case. The appellant was not at a serious disadvantage to the building society: neither he nor his son had any existing indebtedness towards them. His situation was not exploited by the building society. The building society did not act in a morally reprehensible manner. The transaction, although improvident, was not "overreaching and oppressive".

  • Credit Lyonnais Bank Nederland NV v Burch
    • Court of Appeal (Civil Division)
    • 20 Junio 1996

    He must advise his client that she is under no obligation to enter into the transaction at all and, if she still wishes to do so, that she is not necessarily bound to accept the terms of any document which has been put before her but (where this is appropriate) that he should ascertain on her behalf whether less onerous terms might be obtained.

  • Paragon Finance Plc v Nash and Another; Same v Staunton and Another
    • Court of Appeal (Civil Division)
    • 15 Octubre 2001

    "Nevertheless, it seems clear that the concepts of extortion and unconscionability are very similar. 'Extortionate', like 'harsh and unconscionable', signifies not merely that the terms of the bargain are stiff, or even unreasonable, but that they are so unfair as to be oppressive. This carries with it the notion of morally reprehensible conduct on the part of the creditor in taking grossly unfair advantage of the debtor's circumstances.

  • Lobb (Alec) (Garages) Ltd v Total Oil (Great Britain) Ltd
    • Court of Appeal (Civil Division)
    • 08 Noviembre 1984

    Mere impecuniosity has never been held a ground for equitable relief. On the contrary the defendants were reluctant to enter into the transaction. The plaintiffs took independent advice from their solicitors and accountants. They went into the transaction with their eyes open, and it was of benefit to them because they were enabled to continue trade from the site for a number of years. In my view the Judge was right to refuse equitable relief.

  • Yorkshire Bank Plc v Tinsley
    • Court of Appeal (Civil Division)
    • 25 Junio 2004

    A substitute contract will often come into existence in a different factual context from an earlier contract and that factual context may show that the second contract is not a true substitute for the first. But if the factual situations are materially similar and, if it is a condition of the rescission or release of the original void or voidable bargain that the parties enter into a new bargain, that new bargain must be as open to attack as the old one.

  • Takhar v Gracefield Developments Ltd and Others
    • Supreme Court
    • 20 Marzo 2019

    Where fraud has been raised at the original trial and new evidence as to the existence of the fraud is prayed in aid to advance a case for setting aside the judgment, it seems to me that it can be argued that the court having to deal with that application should have a discretion as to whether to entertain the application. Since that question does not arise in the present appeal, I do not express any final view on it.

  • Times Travel (UK) Ltd v Pakistan International Airlines Corporation
    • Court of Appeal (Civil Division)
    • 14 Mayo 2019

    By contrast, not only is reasonableness in this context a standard of very uncertain content but it is also very unclear why or on what basis the common law should hold that a party with a private law right, whose exercise is not subject to any overriding duty, cannot use it to achieve a purpose which is both lawful and advanced in good faith.

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Legislation
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......livery and seisin, or by feoffment, or by bargain and sale;. and a conveyance of an interest in land may operate to. pass ...the court to set aside or modify unconscionable. bargains. X . Wills. Part X. . Wills. . S-175 . Contingent and ......
  • Law of Property (Amendment) Act 1924
    • UK Non-devolved
    • 1 de Enero de 1924
    ......seisin, or by feoffment, or by bargain and sale; and a conveyance. of an interest in land may operate to pass ...the court to set aside or modify unconscionable bargains.’ SCH-3.34 . Corporations sole. 34 Corporations sole. . 34. ......
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Books & Journal Articles
  • Without the Power to Drink or Contract
    • Núm. , Enero 2020
    • Edinburgh Law Review
    • 26-48
    ......A common ruse by someone seeking to gain an advantageous bargain is to supply the other party with alcohol as a way of weakening their ...47 These authors were describing unconscionable loans, but the same comment can be made more generally about unfair ......
  • Equity is Dead. Long Live Equity!
    • Núm. 62-1, Enero 1999
    • The Modern Law Review
    ......References to conscience and the prevention of unconscionable conduct have become increasingly prevalent in judicial pronouncements at ..., is abused in a manner which extends beyond the remit of a hard bargain or mere folly, 12 and would be assessed in light of the abuser’s state ......
  • The Heir–Locator’s Lost Inheritance
    • Núm. 60-2, Marzo 1997
    • The Modern Law Review
    ......Those additional factors were unconscionable bargain in Rees v De Bernardy (an actual ground for the decision of ......
  • The legal Structure of Self‐Ownership: Or the Self‐Possessed Man and the Woman Possessed
    • Núm. 25-2, Junio 1998
    • Journal of Law and Society
    The purpose of this paper is to expound the legal meaning of self‐ownership, to examine its internal logic and its applications to both men and women within the two major spheres of human relations...
    ......Waye, ‘Rape and the Unconscionable Bargain’ (1992) 16 Criminal Law J. 94–105. 99 In Australia, this ......
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Law Firm Commentaries
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