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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morrison V Coast Finance Ltd
Morrison may refer to: People * Morrison (surname), people with the Scottish surname Morrison * Morrison Heady (1829–1915), American poet * Morrison Mann MacBride (1877–1938), Canadian merchant Places in the United States * Morrison, Colorado * Morrison, Illinois * Morrison, Iowa * Morrison, Missouri * Morrison, Oklahoma * Morrison, Tennessee * Morrison, Wisconsin, a town ** Morrison (community), Wisconsin, an unincorporated community * Morrison County, Minnesota * Morrison Township, Aitkin County, Minnesota Other uses * Clan Morrison, a Scottish clan * Morrison Formation, a distinctive sequence of Upper Jurassic sedimentary rock in the western United States * Morrison Hall, a residential hall at the University of Hong Kong * Webb Horton House, now known as Morrison Hall * Morrison Lake (other) * ''Morrison'', a 19th-century American merchant ship of the Morrison Incident * USS Morrison (DD-560), USS ''Morrison'' (DD-560), a ''Fletcher''-class destroyer sunk in the Pac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
D & C Builders Ltd V Rees
''D & C Builders Ltd v Rees'' 965EWCA Civ 3is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction. Facts D & C Builders Ltd was a two man building firm run by Mr Donaldson and Mr Casey. They had done work for Mr Rees at 218 Brick Lane, London E1, coming to £732. Mr Rees had only paid £250. £482 was owing. D&C were facing bankruptcy if they were not paid. Mrs Rees phoned up to complain that the work was bad, and refused to pay more than £300. D&C reluctantly accepted and took a receipt marked ‘in completion of account’. After that, they consulted their solicitors and sued for the balance. Judgement Lord Denning MR held that the doctrine of part payment of a debt not discharging the whole ‘has come under heavy fire’ but noted that estoppel, deriving from the principle laid down in '' Hughes v Metropolitan Railway Co.'', could give relief in equity. Although in his opinion part payment of debt could ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barton V Armstrong
''Barton v Armstrong'' is a Privy Council decision heard on appeal from the Court of Appeal of New South Wales,. relating to duress and pertinent to case law under Australian and English contract law. The Privy Council held that a person who agrees to a contract under physical duress may avoid the contract, even if the duress was not the main reason for agreeing to the bargain. Facts Alexander Barton was the managing director of a company, Landmark Corporation Ltd., whose main business was property development, its projects passing through 'Paradise Waters (Sales) Pty Ltd'. Barton executed a deed whereby the company would pay $140,000 to Alexander Armstrong, a NSW state politician, and buy his shares for $180,000. Armstrong was the chairman of the board. Street J found Armstrong had indeed threatened to have Barton killed. But the NSW Court of Appeal said Barton failed to discharge the onus that the threat had caused him to make the contract. Advice The Judicial Committee of t ... [...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] |
The Port Caledonia And The Anna
''The'' () is a grammatical article in English, denoting persons or things that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Brett, 1st Viscount Esher
William Baliol Brett, 1st Viscount Esher, PC (13 August 181524 May 1899), known as Sir William Brett between 1868 and 1883, was a British lawyer, judge, and Conservative politician. He was briefly Solicitor-General under Benjamin Disraeli and then served as a justice of the Court of Common Pleas between 1868 and 1876, as a Lord Justice of Appeal between 1876 and 1883 and as Master of the Rolls. He was raised to the peerage as Baron Esher in 1885 and further honoured when he was made Viscount Esher on his retirement in 1897. Background and education Brett was a son of the Reverend Joseph George Brett, of Chelsea, London, by Dorothy, daughter of George Best, of Chilston Park, Boughton Malherbe, Kent. He was educated at Westminster School, King's College London and at Gonville and Caius College, Cambridge. Brett rowed for Cambridge University Boat Club against Leander Club in 1837 and 1838, then in the victorious Cambridge crew against Oxford University in the 1839 Boat Race. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
D&C Builders Ltd V Rees
''D & C Builders Ltd v Rees'' 965EWCA Civ 3is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction. Facts D & C Builders Ltd was a two man building firm run by Mr Donaldson and Mr Casey. They had done work for Mr Rees at 218 Brick Lane, London E1, coming to £732. Mr Rees had only paid £250. £482 was owing. D&C were facing bankruptcy if they were not paid. Mrs Rees phoned up to complain that the work was bad, and refused to pay more than £300. D&C reluctantly accepted and took a receipt marked ‘in completion of account’. After that, they consulted their solicitors and sued for the balance. Judgement Lord Denning MR held that the doctrine of part payment of a debt not discharging the whole ‘has come under heavy fire’ but noted that estoppel, deriving from the principle laid down in '' Hughes v Metropolitan Railway Co.'', could give relief in equity. Although in his opinion part payment of debt could ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ormes V Beadel
Ormes may refer to: *communes in France: **Ormes, Aube ** Ormes, Eure **Ormes, Loiret **Ormes, Marne ** Ormes, Saône-et-Loire **Ormes-et-Ville, Meurthe-et-Moselle **Les Ormes, Vienne ** Les Ormes, Yonne * collectively, the Great Orme and Little Orme, two limestone headlands in Llandudno, Wales, UK See also * Orme (other) * Orm (other) * Orme (name) Orme is both a surname and a given name. Notable people with the name include: Surname *Christine Orme, American physicist *Daniel Orme (1766–1837), English artist, publisher and official Historical Engraver to George III * David Orme, English wr ... * Orme's Law {{geodis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Bayley
''Williams v Bayley'' (1866) LR 1 HL 200 is an English contract law case relating to undue influence. Facts Mr Bayley’s son forged his father’s signature on promissory notes and gave them to Mr Williams. Mr Williams threatened Mr Bayley that he would bring criminal prosecution against his son unless he granted an equitable mortgage to get back the notes. Judgment House of Lords upheld the cancellation of the agreement, on account of undue influence. The agreement was cancelled on the ground that he was influenced by threat. See also *English contract law *Iniquitous pressure in English law *''Lloyds Bank Ltd v Bundy'' 975QB 326 *''Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contrac ...'' 350 F.2d 445 (C.A. D.C. 1965) Notes {{reflist, 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tufton V Sperni
Tufton may refer to: Places * Tufton, Hampshire, a village in the English county of Hampshire * Tufton, Pembrokeshire, a place in the Welsh county of Pembrokeshire * Tufton Farm, a farm previously owned by Thomas Jefferson in Albermarle County, Virginia People *Any of several Earls of Thanet in the United Kingdom, including: :* Nicholas Tufton, 1st Earl of Thanet (1578–1631) :*John Tufton, 2nd Earl of Thanet (1608–1664) :*Nicholas Tufton, 3rd Earl of Thanet (1631–1679) :*John Tufton, 4th Earl of Thanet (1638–1680) :*Richard Tufton, 5th Earl of Thanet (1640–1684) :*Thomas Tufton, 6th Earl of Thanet (1644–1729) :*Sackville Tufton, 7th Earl of Thanet (1688–1753) :*Sackville Tufton, 8th Earl of Thanet (1733–1786) :*Sackville Tufton, 9th Earl of Thanet (1767–1825) :*Charles Tufton, 10th Earl of Thanet (1770–1832) :*Henry Tufton, 11th Earl of Thanet Henry James Tufton, 11th Earl of Thanet (2 January 1775 – 12 June 1849) was a peer in the peerage of England and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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