Multiservice Bookbinding Ltd -v- Marden; ChD 1978

To have a transaction set aside as a harsh and unconscionable bargain, a party would have to show not only that the terms of the transaction were harsh or oppressive, but also moral unfairness. Browne-Wilkinson J said: ‘In my judgment a bargain cannot be unfair and unconscionable unless one of the parties to it has imposed the objectionable terms in a morally reprehensible manner, that is to say in a way which affects his conscience’. The court may allow for the question of whether the borrower received independent advice.

Court: ChD
Date: 01-Jan-1978
Judges: Browne-Wilkinson J
References: [1978] 2 All ER 489, [1979] Ch 84
Cases Cited:
Cited By:

Leave a Comment

Filed under Contract

Leave a Reply