Clark v Malpas: 2 Jul 1862

A purchase from an illiterate poor man, who was ill at the time, set aside, the price being inadequate, the vendor having no professorial advice, and the transaction being completed in great haste and on terms unduly disadvantageous to him. The Master of the Rolls declared the conveyance void and directed it to be cancelled, but declined to direct a reconveyance:
Held: on appeal, that the proper form of decree in such cases is not to declare the deed void, but to direct it to be set aside and order a reconveyance.


[1862] EngR 876, (1862) 4 De G F and J 401, (1862) 45 ER 1238




England and Wales


See AlsoClark v Malpas 25-Apr-1862
The court found a contract to be an unconscionable bargain where a poor and illiterate man was induced to enter into a transaction of an unusual nature, without proper independent advice, and in great haste; and the resulting transaction has been, . .

Cited by:

See AlsoClark v Malpas 13-Jan-1863
The cost of bridging up witnesses for cross-examination in Court allowed, in a taxation between party and party, although they had not been actually cross-examined. Shorthand writer’s notes of the Cross-examination of witnesses in Court allowed, but . .
Lists of cited by and citing cases may be incomplete.


Updated: 18 May 2022; Ref: scu.287042