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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 ...
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.
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).
This page was last edited on 8 December 2024, at 03:54 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
Lloyds Bank, Limited v The Chartered Bank of India, Australia and China [1929] 1 KB 40: Court of Appeal 1928: Edward Curran and Company, Limited v Kays [1928] 2 KB 469: Court of Appeal 1929: William Bean and Sons v Flaxton Rural District Council [1929] 1 KB 450: King's Bench Division and Court of Appeal 1929
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