This document summarizes the key principles of duress, undue influence, and unconscionable bargains under UK law. It discusses the nature and types of duress, including economic duress, and examines when legitimate pressure crosses into illegitimate duress. It also outlines the classes of undue influence and requirements to rebut the presumption of undue influence. Finally, it addresses the scope of unconscionable bargains and when terms can be considered oppressive or a party has taken advantage through weakness in the bargaining process.
This document summarizes the key principles of duress, undue influence, and unconscionable bargains under UK law. It discusses the nature and types of duress, including economic duress, and examines when legitimate pressure crosses into illegitimate duress. It also outlines the classes of undue influence and requirements to rebut the presumption of undue influence. Finally, it addresses the scope of unconscionable bargains and when terms can be considered oppressive or a party has taken advantage through weakness in the bargaining process.
This document summarizes the key principles of duress, undue influence, and unconscionable bargains under UK law. It discusses the nature and types of duress, including economic duress, and examines when legitimate pressure crosses into illegitimate duress. It also outlines the classes of undue influence and requirements to rebut the presumption of undue influence. Finally, it addresses the scope of unconscionable bargains and when terms can be considered oppressive or a party has taken advantage through weakness in the bargaining process.
This document summarizes the key principles of duress, undue influence, and unconscionable bargains under UK law. It discusses the nature and types of duress, including economic duress, and examines when legitimate pressure crosses into illegitimate duress. It also outlines the classes of undue influence and requirements to rebut the presumption of undue influence. Finally, it addresses the scope of unconscionable bargains and when terms can be considered oppressive or a party has taken advantage through weakness in the bargaining process.
Duress, undue influence and unconscionable The Universal Sentinel (Lord Diplock and Lord
bargains Scarman)
Duress Undue Influence
1. Nature of duress 1. Basis 1) Lynch v DPP of Northern Ireland 1) Allcard v Skinner 2) Pao on v Lau Yiu Long 2. Classes 2. Illegitimate pressure + Causation 1) Barclays Bank Plc v O’Brien (Lord -- 5 types of illegitimate pressure Browne-Wilkinson) DSND Subsea Ltd v Petroleum Geo-services ASA (Dyson J) [protest, reasonable 3. Class 1 alternative, affirmation, breach, good faith] 1) Bank of Credit and Commerce International SA v Aboody (Slade LJ) 3. Economic duress 2) Royal Bank of Scotland Plc v Etridge 1) North Ocean Shipping Co Ltd v (No 2) Hyundai Construction Co Ltd 3) Bank of Montreal v Stuart 2) Pao On v Lau Yiu Long 4) Coldunell v Gallon 3) Dimskal Shipping Co Ltd v ITWF (The 5) UCB Corporate Services Ltd v Williams EVIA LUCK) (Causation) CIBC v Pitt 4) B&S Contracts & Design Ltd v Victor Green Publications Ltd 4. Class 2 1) RBS v Etridge (No 2) 4. Legitimate breach? 2) Turkey v Awadh 1) Genuinely unable to perform his side of 3) Inche Noriah v Shaik Allie Bin Omar obligations (rebut the presumption) -- Williams & Roffey Bros v Nicholls (Contractors) Ltd 5. Surety -- Biffen v Bignell 1) RBS v Etridge 2) Bad faith 2) Barclays Bank Plc v O’Brien -- Huyton v Peter Cremer GmBH & Co 3) Fairness Unconscionable bargains Cf. Atlas Express Ltd v Kafco (Importers and 1) Fry v Lane Distributors) Ltd 2) Ming Shiu Chung v Ming Shiu Sum
5. Not wrongful acts 2. Scope
1) Williams v Bayley -- Oppressive terms 2) Mutual Finance Co Ltd v John Wetton -- Weakness in the bargain & Sons Ltd 1) Blomley v Ryan 2) Commercial Bank of Australia v 6. Causation Amadio 1) Barton v Armstrong 3) Alec Lobb Ltd v Total Oil (Great 2) The EVIA LUCK (Lord Goff) Britain) Ltd 3) Huyton SA v Peter Cremer GmBH & Co -- Unconscionability (knowingly take (Mance J) advantage) 4) Pao On v Lau Yiu Long (Lord Scarman) 1) Hart v O’Connor 2) Boustany v Piggott 7. Damages 3) Multiservice Bookbinding Ltd v Marden