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Alec Lobb (Garages) Ltd V Total Oil (GB) Ltd
is an English contract law case relating to undue influence. Facts Mr. Lobb was the managing director of a small petrol station in South Street, Braintree, Essex. It had to buy petrol only from British branch of French oil company Total S.A. In 1969 he was in financial difficulty. Contrary to his solicitor's advice, he entered into a lease and lease back arrangement with a new tie agreement with Total Oil. This proved costly. Eventually he paid off debts and ten years after sought the agreement to be set aside as being a restraint of trade and unconscionable. In the High Court, Mr Peter Millett QC, sitting as a deputy High Court judge, held that the agreement could not be set aside, and Mr Lobb appealed. This is similar to the case of ''Feras zob kabber v. Zaid'' (2011). Judgment Dillon LJ held it was not a restraint of trade or an unconscionable bargain and even if it had been, it would have been barred by laches anyway. See also *English contract law * Iniquitous p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bargaining Power
Bargaining power is the relative ability of parties in an argumentative situation (such as bargaining, contract writing, or making an agreement) to exert influence over each other. If both parties are on an equal footing in a debate, then they will have equal bargaining power, such as in a perfectly competitive market, or between an evenly matched monopoly and monopsony. There are a number of fields where the concept of bargaining power has proven crucial to coherent analysis, including game theory, labour economics, collective bargaining arrangements, diplomatic negotiations, settlement of litigation, the price of insurance, and any negotiation in general. Calculation Several formulations of bargaining power have been devised. A popular one from 1951 and due to American economist Neil W. Chamberlain is: :We may define bargaining power (of A, let us say) as being the cost to B of ''disagreeing'' on A's terms relative to the costs of ''agreeing'' on A's terms ... Stated in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unconscionability Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iniquitous Pressure In English Law
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences. Considerable controversy is still present over whether "iniquitous pressure" must actually be exercised by a defendant in order for a voluntary ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequality Of Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognised, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, Her Majesty's Most Honourable Privy Council, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, Military Cross, MC, and of Mary Abraham, daughter of Charles Abraham (bishop of Derby), Charles Abraham, Bishop of Derby (suffragan), Bishop of Derby. He was educated at Lancing College, Lancing and at Magdalen College, Oxford, where he took a British undergraduate degree classification, First in Jurisprudence in 1952. He was Call to the bar, called to the Bar at Lincoln's Inn in 1953 and Queen's Counsel, took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Courts of Guernsey, Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip Yorke, 1st Earl Of Hardwicke
Philip Yorke, 1st Earl of Hardwicke, (1 December 16906 March 1764) was an English lawyer and politician who served as Lord High Chancellor of Great Britain. He was a close confidant of the Duke of Newcastle, Prime Minister between 1754 and 1756 and 1757 until 1762. Background A son of Philip Yorke, an attorney, he was born at Dover. Through his mother, Elizabeth, daughter and co-heiress of Richard Gibbon of Rolvenden, Kent, he was connected with the family of Edward Gibbon the historian. He was educated at a school in Bethnal Green run by Samuel Morland, a nonconformist. At age 16, Yorke entered the attorney's office of Charles Salkeld in Holborn, London. He was entered at the Middle Temple in November 1708, and perhaps recommended by his employer to Lord Chief Justice Parker as law tutor to his sons. In 1715, Yorke was called to the bar, where his progress was, says Lord Campbell, more rapid than that of any other debutant in the annals of our profession, his advancemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unequal Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognised, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Of Aylesbury V Morris
Earl () is a rank of the nobility in the United Kingdom. The title originates in the Old English word ''eorl'', meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form ''jarl'', and meant "chieftain", particularly a chieftain set to rule a territory in a king's stead. After the Norman Conquest, it became the equivalent of the continental count (in England in the earlier period, it was more akin to a duke; in Scotland, it assimilated the concept of mormaer). Alternative names for the rank equivalent to "earl" or "count" in the nobility structure are used in other countries, such as the ''hakushaku'' (伯爵) of the post-restoration Japanese Imperial era. In modern Britain, an earl is a member of the peerage, ranking below a marquess and above a viscount. A feminine form of ''earl'' never developed; instead, ''countess'' is used. Etymology The term ''earl'' has been compared to the name of the Heruli, and to runic ''erilaz''. Proto-Norse ''eri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roundell Palmer, 1st Earl Of Selborne
Roundell Palmer, 1st Earl of Selborne, (27 November 1812 – 4 May 1895) was an English lawyer and politician. He served twice as Lord High Chancellor of Great Britain. Background and education Palmer was born at Mixbury in Oxfordshire, where his father, William Jocelyn Palmer, was rector. His mother Dorothea was daughter of the Rev. William Roundell of Gledstone Hall, Yorkshire. William Palmer and Edwin Palmer were his brothers. He was educated at Rugby School and Winchester College. Palmer proceeded to the University of Oxford, matriculating from Christ Church, moving to Trinity College upon winning a scholarship there, and becoming a fellow of Magdalen College in 1834. He graduated BA in 1834 and MA in 1836. While at Oxford he became a close friend of the hymnist and theologian, Frederick William Faber. At Oxford he won the Chancellor's Prize for Latin Verse in 1831, the Ireland Scholarship in Greek and the Newdigate Prize in 1832, and the Chancellor's Latin Essay Prize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
