Fry V Lane
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Fry V Lane
''Fry v Lane'' (1888) 40 ChD 312 is an English contract law case relating to exploitation of weakness, allowing escape from a contract. Facts JB and George Fry worked as a plumber and laundryman, earning £1 a week. But they had the reversion of their Uncle's estate, subject to the life tenancy of their Aunt. They sold it in 1878 to Mr Lane for £170 and £270 respectively. They were advised by an inexperienced solicitor who also acted for Mr Lane. When the Aunt died in 1886, the interests were each worth £730, and in 1878 it would have been £475. Judgment Kay J cited ''Evans v Llewellin'' and ''Haygarth v Wearing'' saying equity most commonly interferes in favour of an expectant heir, in his youth, or ‘a poor man with imperfect education’. Where such circumstances are shown the onus is on the purchaser to show it was ‘fair, just and reasonable’ (Lord Selborne LC, ''Aylesford''). The undervalue was ‘so gross as to amount of itself to evidence of fraud.’(1888) 40 Ch ...
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Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. caregiver, Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influe ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Exploitation Of Labour
Exploitation of labour (also known as labor) is a concept defined as, in its broadest sense, one agent taking unfair advantage of another agent. It denotes an unjust social relationship based on an asymmetry of power or unequal exchange of value between workers and their employers. When speaking about exploitation, there is a direct affiliation with consumption in social theory and traditionally this would label exploitation as unfairly taking advantage of another person because of their inferior position, giving the exploiter the power.Dowding, Keith (2011). "Exploitation". ''Encyclopedia of Power''. SAGE Publications. pp. 232–235. . Karl Marx's theory of exploitation has been described in the '' Stanford Encyclopedia of Philosophy'' as the most influential theory of exploitation. In analyzing exploitation, economists are split on the explanation of the exploitation of labour given by Marx and Adam Smith. Smith did not see exploitation as an inherent systematic phenomenon in spec ...
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Evans V Llewellin
Evans may refer to: People *Evans (surname) *List of people with surname Evans Places United States *Evans Island, an island of Alaska *Evans, Colorado *Evans, Georgia *Evans County, Georgia *Evans, New York *Evans Mills, New York *Evans City, Pennsylvania *Evans, West Virginia Elsewhere *Évans, in France *Cape Evans, in Antarctica Creeks *Evans Creek (Peters Creek), a tributary of Peters Creek in California * Evans Creek (Tuscarawas River), a stream in Ohio *Evans Creek (Devils River), a stream in Texas Businesses and organizations *Robert B. Evans, founder of Evans Industries *Evans (retailer), of the United Kingdom *Evans Cycles, a United Kingdom bicycle retailer *Bob Evans Restaurants, a chain operated by Bob Evans Farms, Inc. of the United States *H. C. Evans, a defunct manufacturer of casino, amusement park and fairground equipment in the United States *D'Addario (manufacturer), a drumhead manufacturer also known as "Evans" Transportation *Evans station (Muni Metro) ...
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Haygarth V Wearing
Haygarth is a surname. Notable people with the name include: * Arthur Haygarth (1825–1903), English cricketer and cricket historian * Brent Haygarth (born 1967), South African tennis player * Edward Haygarth (1854–1915), English cricketer and soccer player * John Haygarth (1740–1827), British physician * Michael Haygarth (1934–2016), English chess master * Tony Haygarth George Anthony Haygarth (4 February 1945 – 10 March 2017) was an English television, film and theatre actor. Life and career After leaving Marlborough College, Liverpool, Haygarth worked unsuccessfully in 1963 as a lifeguard in Torquay, and a ...
(1945–2017), British television, film and theatre actor {{surname ...
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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 ...
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Lloyds Bank Ltd V Bundy
is a landmark case in English contract law, on undue influence. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictionsFor America, see the case, ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965). that all impairments of autonomy could be collected under a single principle of "inequality of bargaining power." Facts Herbert James Bundy (Mr. Bundy) was a farmer. His son, Michael, owned a business that was in financial trouble. Mr. Bundy had already guaranteed the business with a £7,500 charge over his only asset, his farmhouse, to Lloyds Bank.McKendrick (2007) p.367. The asset was the farmhouse at Yew Tree Farm, Broadchalke, Wiltshire. Michael's company got into further financial difficulty. Mr. Bundy then increased his exposure to £11,000 after the assistant manager of Lloyds failed to notify him of the company's true financial condition. Lloyds foreclosed on t ...
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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 ...
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1888 In British Law
In Germany, 1888 is known as the Year of the Three Emperors. Currently, it is the year that, when written in Roman numerals, has the most digits (13). The next year that also has 13 digits is the year 2388. The record will be surpassed as late as 2888, which has 14 digits. Events January–March * January 3 – The 91-centimeter telescope at Lick Observatory in California is first used. * January 12 – The Schoolhouse Blizzard hits Dakota Territory, the states of Montana, Minnesota, Nebraska, Kansas, and Texas, leaving 235 dead, many of them children on their way home from school. * January 13 – The National Geographic Society is founded in Washington, D.C. * January 21 – The Amateur Athletic Union is founded by William Buckingham Curtis in the United States. * January 26 – The Lawn Tennis Association is founded in England. * February 6 – Gillis Bildt becomes Prime Minister of Sweden (1888–1889). * February 27 – In West Orange ...
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