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Lloyds Bank Ltd v Bundy is a decision of the English Court of Appeal in English contract law, dealing with undue influence.One of the three judges hearing the case, Lord Denning MR, advanced the argument that under English law, all impairments of autonomy could be collected under a single principle of "inequality of bargaining power", but the other two judges were not drawn into commenting on ...
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One of the most prominent cases in this area is Lloyds Bank Ltd v Bundy, [2] where Lord Denning MR advocated that there be a general principle to govern this entire area. He called the concept " inequality of bargaining power ", while the American case espousing an equivalent doctrine, Williams v.
Lloyds Bank Ltd v Bundy (1975) QB, the equitable doctrine of unconscionable bargain can prevent transactions where a weaker party was exploited Courtney and Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd [1975] 1 All ER 716, a contract cannot have terms that are to be negotiated at a later point.
The Court of Appeal cited with approval the dictum of Robert Goff J in Barclays Bank v W J Simms: The effect of the bank's payment is to accept the customer's request for overdraft facilities; the payment is therefore within the bank's mandate, with the result that not only is the bank entitled to have recourse to its customer, but the customer ...
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Slade LJ held that because of National Westminster Bank plc v Morgan [1985] UKHL 2 "manifest disadvantage" had to be shown even in cases of actual undue influence. The transaction was not manifestly disadvantageous. This requirement was subsequently overruled by the House of Lords in CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993).
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