Clark v Malpas; 25 Apr 1862

References: (1862) 4 De GF & J 401, [1862] EngR 604, (1862) 31 Beav 80, (1862) 54 ER 1067
Links: Commonlii
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.
This case is cited by:

  • Cited – Portman Building Society -v- Dusangh and Others CA (Bailii, [2000] Lloyd’s LR 19, [2000] EWCA Civ 142, [2000] 2 All ER (Comm) 221)
    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] 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 – Strydom -v- Vendside Ltd QBD (Bailii, [2009] EWHC 2130 (QB))
    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 . .