References: (1956) 99 CLR 362, [1956] HCA 81
Links: Austlii
Coram: Taylor J, McTiernan J, Fullagar J, and Kitto J
(High Court of Australia) Equity – Contract for sale and purchase of grazing property – Suit for specific performance brought by purchaser – Vendor aged and affected by long bout of rum drinking – Claim to set aside contract – Unconscionable bargain – Constructive fraud – Circumstances in which courts of equity will grant relief.
This case is cited by:
- Cited – Alec Lobb (Garages) Ltd -v- Total Oil Ltd QBD ([1983] 1 All ER 944, [1983] 1 WLR 87)
To establish that a contract was unconscionable, a party had to have made an unconscientious use of its superior position or superior bargaining power to the detriment of someone suffering from some special disability or disadvantage. This weakness . . - Cited – Ramzan -v- Brookwide Ltd ChD (Bailii, [2010] EWHC 2453 (Ch), [2011] 2 All ER 38)
The claimant owned a flying freehold room butting into the defendant’s property. Whilst the claimant’s property was unoccupied, the defendant broke through into the room, blocked off the door to the claimant’s property, and included the room in the . .
