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, not just hard or improvident, but overreaching and oppressive.
Citations:
(1862) 4 De GF and J 401, [1862] EngR 604, (1862) 31 Beav 80, (1862) 54 ER 1067
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Portman Building Society v Dusangh and Others CA 19-Apr-2000
The defendant sought to set aside an order for possession under a mortgage.
Held: Where a case was strong enough on its face in terms of conduct and terms, unconscionable conduct could be inferred if there was no explanation offered to . .
Cited – Alec Lobb (Garages) Ltd v Total Oil Ltd QBD 1983
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 – Strydom v Vendside Ltd QBD 18-Aug-2009
The claimant sought recovery of a sum paid to the defendant as a commission by his union during his claim for personal injuries at work, relying on a term he sought to have implied into his contract, that the costs position should not be . .
See Also – 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 . .
See Also – Clark 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.
Contract
Updated: 16 May 2022; Ref: scu.186683
