Hart v O'Connor

JurisdictionUK Non-devolved
Judgment Date1983
CourtPrivy Council
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110 cases
  • E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Limited and another, Interveners)
    • Singapore
    • High Court (Singapore)
    • 15 September 2010
    ...of Australia Ltd v Amadio (1983) 151 CLR 447. The doctrine in New Zealand is closer to the Australian position: see Hart v O’Connor [1985] 2 All ER 880. In the USA, the doctrine is enshrined in Section 2-302 of the Uniform Commercial Code and it is often treated as part of their common law ......
  • Che Som bte Yip and Another v Maha Pte Ltd and Another
    • Singapore
    • High Court (Singapore)
    • 30 June 1989
    ...knowledge.The word `fair` in the above quotation may have to be deleted in view of the decision of the Privy Council in Hart v O`Connor [1985] AC 1000 mentioned below.In Campbell v Hooper (1855) 65 ER 603 where a mortgagee sought a decree directing repayment and foreclosure in default of su......
  • Fong Whye Koon v Chan Ah Thong
    • Singapore
    • High Court (Singapore)
    • 9 April 1996
    ...nature of the bargain and the circumstances of the parties. See Chesterfield v Janssen , supra. As Lord Brightman in Hart v O`Connor [1985] 2 All ER 880 at p 892 said, such constructive fraud can consist either of the active extortion of a benefit or the passive acceptance of a benefit in u......
  • The Companies Act (2023 Revision) and HQP Corporation Ltd (in Official Liquidation)
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 7 July 2023
    ...a House of Lords' decision. An illustration of the principle in operation is afforded by the recent New Zealand appeal Hart v. O'Connor [1985] A.C. 1000, in which the Board reversed a very learned judgment of the New Zealand Court of Appeal as to the contractual capacity of a mentally disab......
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13 books & journal articles
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December 2019
    • 1 December 2019
    ...See, for example, the Privy Council decision (on appeal from the Court of Appeal of New Zealand) of Thomas Bruce Hart v Joseph O'Connor [1985] AC 1000 at 1017–1018. 194 See Matthew D J Conaglen, “Duress, Undue Influence, and Unconscionable Bargains – The Theoretical Mesh” (1999) 18 NZULR 50......
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...[1983] 1 All ER 944 (Ch) at 961, per Peter Millet QC (appeal dismissed: [1985] 1 WLR 173; [1985] 1 All ER 303 (CA)); and Hart v O'Connor[1985] AC 1000; [1985] 3 WLR 214; [1985] 2 All ER 880. 108Blomley v Ryan(1956) 99 CLR 362 at 405, per Fullagar J. 109 See, eg, Australian Securities and In......
  • Where the Action Is: Macro and Micro Justice in Contract Law
    • United Kingdom
    • The Modern Law Review No. 83-4, July 2020
    • 1 July 2020
    ...opportunity, and hence the duty, to assist an especiallyvulnerable claimant by ensuring that she has received competent legal advice134 [1985] AC 1000, 1024.135 Richardson, n 71 above, 263.136 Bigwood, n 85 above, 172.137 ibid, 221.138 See a summar y of the law in Bur rows, n 88 above, 195-......
    • Singapore
    • Singapore Academy of Law Journal No. 1998, December 1998
    • 1 December 1998
    ...Cartwright, Unequal Bargaining — A Study of Vitiating Factors in the Formation of Contracts (1991). 4 See, in particular, Hart v O’Connor[1985] AC 1000 esp at 1024. 5 See eg, Leff, “Unconscionability and the Code — The Emperor’s New Clause”(1967) 111 U Penn L Rev 485 esp at 487; Beatson, “U......
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