''Fry v Lane'' (1888) 40 ChD 312 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
exploitation
Exploitation may refer to:
*Exploitation of natural resources
*Exploitation of labour
**Forced labour
*Exploitation colonialism
*Slavery
**Sexual slavery and other forms
*Oppression
*Psychological manipulation
In arts and entertainment
*Exploita ...
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
Evans may refer to:
People
*Evans (surname)
*List of people with surname Evans
Places United States
*Evans Island, an island of Alaska
*Evans, Colorado
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*Evans City, ...
'' and ''
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 s ...
'' 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 D 312, 321]
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
*''
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
References
*
English unconscionability case law
1888 in British law
1888 in case law