is an
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 ...
case relating to
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 pers ...
.
Facts
Mr. Lobb was the managing director of a small petrol station in South Street,
Braintree, Essex
Braintree is a town and former civil parish in Essex, England. The principal settlement of Braintree District, it is located northeast of Chelmsford and west of Colchester. According to the 2011 Census, the town had a population of 41,634, ...
. It had to buy petrol only from British branch of French oil company
Total S.A.
TotalEnergies SE is a French multinational integrated energy and petroleum company founded in 1924 and one of the seven supermajor oil companies. Its businesses cover the entire oil and gas chain, from crude oil and natural gas exploration and ...
In 1969 he was in financial difficulty. Contrary to his
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
'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
Sir George Brian Hugh Dillon (2 October 1925 – 22 June 2003) was a British lawyer and judge who served as a Lord Justice of Appeal from 1982 to 1994.
Biography
Dillon was born in a naval family, the son of Captain George Crozier Dillon, RN, ...
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
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 ...
*
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 p ...
*''
Lloyds Bank Ltd. v. Bundy''
975
Year 975 (Roman numerals, CMLXXV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Arab–Byzantine wars#Byzantine resurgence, 863–11th century, A ...
QB 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
References
*
English unconscionability case law
Court of Appeal (England and Wales) cases
1984 in case law
1984 in British law