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Longer titles found: Unconscionability in English law (view)

searching for Unconscionability 45 found (210 total)

Williams v Bayley (135 words) [view diff] no match in snippet view article find links to article

Williams v Bayley (1866) LR 1 HL 200 is an English contract law case relating to undue influence. Mr Bayley’s son forged his father’s signature on promissory

Allcard v Skinner (440 words) [view diff] no match in snippet view article find links to article

Allcard v Skinner (1887) 36 Ch D 145 is a judicial decision under English law dealing with undue influence. Miss Allcard was introduced by the Revd Mr

D & C Builders Ltd v Rees (1,157 words) [view diff] no match in snippet view article find links to article

D & C Builders Ltd v Rees [1965] EWCA Civ 3 is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord

Barclays Bank plc v O'Brien (1,233 words) [view diff] no match in snippet view article find links to article

Barclays Bank plc v O’Brien [1993] UKHL 6 (21 October 1993) is an English contract law case relating to undue influence. It set out the basic categories

Bank of Credit and Commerce International S.A. v. Aboody (155 words) [view diff] no match in snippet view article find links to article

Bank of Credit and Commerce International S.A. v. Aboody [1992] 4 All ER 955 is an English contract law case relating to undue influence. Mrs. Aboody signed

Atlas Express Ltd. v. Kafco (332 words) [view diff] no match in snippet view article find links to article

Atlas Express v. Kafco (Importers & Distributors) Ltd. [1989] QB 833 is an English contract law case relating to duress. Kafco Ltd. had a contract to supply

Tate v Williamson (149 words) [view diff] no match in snippet view article find links to article

Tate v Williamson (1886) LR 2 Ch App 55 is an English contract law case relating to undue influence. The defendant became the financial adviser to an Oxford

Buchwald v. Paramount (1,785 words) [view diff] exact match in snippet view article find links to article

Fearing a loss if it appealed, and the subsequent implications of the unconscionability decision across all its other contracts, Paramount settled for $900

Bank of Montreal v Stuart (2,003 words) [view diff] no match in snippet view article find links to article

Bank of Montreal v Stuart is a decision of the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada. It deals with the principle

CIBC Mortgages plc v Pitt (1,818 words) [view diff] no match in snippet view article find links to article

CIBC Mortgages plc v Pitt [1993] UKHL 7 (21 October 1993) is a decision of the House of Lords relating to undue influence. The decision confirmed that

Palk v Mortgage Services Funding plc (932 words) [view diff] no match in snippet view article find links to article

Palk v Mortgage Services Funding plc [1993] Ch 330 was a judicial decision of Court of Appeal of England and Wales relating to the enforcement of mortgages

Royal Bank of Scotland plc v Etridge (No 2) (4,438 words) [view diff] no match in snippet view article

Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44 (11 October 2001) is a leading case relevant for English land law and English contract law on

Joint wills and mutual wills (1,872 words) [view diff] exact match in snippet view article find links to article

Hobley adopts the unconscionability rationale such that the imposition of a constructive trust is only justified by unconscionability, therefore there

Legal malpractice (960 words) [view diff] exact match in snippet view article find links to article

Within a Trial: A Critical Analysis of Unique Concepts: Areas of Unconscionability". Marquette Law Review. 73 (1): 40. Retrieved 24 May 2017. Wiley v

Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd (629 words) [view diff] exact match in snippet view article find links to article

mind was irrelevant. Mr Millett for Liverpool Victoria argued that unconscionability was necessary, following Fry J in the earlier leading case of Willmott

Seana Shiffrin (735 words) [view diff] exact match in snippet view article find links to article

Philosophy of Law in 2002 for her widely cited article, "Paternalism, Unconscionability, and Accommodation". She was also the Hempel Lecturer at Princeton

Bank of Credit and Commerce International (Overseas) Ltd v Akindele (397 words) [view diff] exact match in snippet view article

degrees of knowledge in Baden was unhelpful and a single test of unconscionability was better. Even if constructive knowledge was still the test, Mr

Paternalism (1,598 words) [view diff] exact match in snippet view article find links to article

Encyclopedia of Philosophy. Shiffrin, Seana. 2000. "Paternalism, Unconscionability Doctrine, and Accommodation". Philosophy and Public Affairs 29(3):

Federal Arbitration Act (2,487 words) [view diff] exact match in snippet view article find links to article

same grounds applicable to contractual provisions generally, such as unconscionability or duress. Consequently, most state law that disfavors the enforcement

Re Montagu's Settlement Trusts (586 words) [view diff] exact match in snippet view article find links to article

nothing as a constructive trustee. The touchstone of liability is unconscionability. There is a defence if one knows of a breach but genuinely forgets

Cobbe v Yeoman's Row Management Ltd (2,999 words) [view diff] exact match in snippet view article find links to article

estoppel conclusion as justified by the unconscionability of Mrs Lisle-Mainwaring's conduct. My Lords, unconscionability of conduct may well lead to a remedy

ASB Bank Ltd v Harlick (162 words) [view diff] exact match in snippet view article find links to article

have the ASB's mortgage over their house set aside on the grounds of unconscionability, and the court set aside the mortgage. The ASB appealed. The Court

Pacifica Foundation (2,882 words) [view diff] exact match in snippet view article find links to article

Lease Terms for Pacifica's Non-Profit WBAI Radio in NYC – Denies "Unconscionability" Motion, Common Dreams, October 6, 2017, retrieved January 11, 2018

Jennings v Rice (2,978 words) [view diff] exact match in snippet view article find links to article

questions of belief, encouragement, reliance and detriment, but also unconscionability and the extent of the equity. In my judgment the minimum necessary

Valentinas Mikelėnas (174 words) [view diff] exact match in snippet view article find links to article

Retrieved 2024-04-07. Kenny, M.; Devenney, J.; O'Mahony, L.F. (2010). Unconscionability in European Private Financial Transactions: Protecting the Vulnerable

Garcia v National Australia Bank Ltd (527 words) [view diff] exact match in snippet view article find links to article

the trial judge's orders. The High Court also held that the law of unconscionability as established in Commercial Bank of Australia Ltd v Amadio, did not

Hypocrisy (5,130 words) [view diff] exact match in snippet view article find links to article

1007/s00712-012-0308-2. hdl:11250/93930. S2CID 154041122. Stone, Rebecca (2014). "Unconscionability, exploitation, and hypocrisy". Journal of Political Philosophy. 22

Chargemaster (1,771 words) [view diff] exact match in snippet view article find links to article

Nation III, George A. (2005). "Obscene Contracts: The Doctrine of Unconscionability and Hospital Billing of the Uninsured". Kentucky Law Journal. 94.

Michael Trebilcock (470 words) [view diff] exact match in snippet view article find links to article

the American Academy of Arts and Sciences. 'Economic Criteria of Unconscionability' in Reiter and Swan (eds), Studies in Contract Law 390 'The Law and

University of Pennsylvania Law Review (1,050 words) [view diff] exact match in snippet view article find links to article

the Supreme Court, 109 U. Pa. L. Rev. 67 (1960) Arthur Allen Leff, Unconscionability and the Code-The Emperor's New Clause, 115 U. Pa. L. Rev. 485 (1967)

Prenuptial agreement (6,593 words) [view diff] exact match in snippet view article find links to article

can be attacked in court. These include a lack of voluntariness, unconscionability, and a failure to disclose assets. Prenuptial agreements in all U

Inequality of bargaining power (3,179 words) [view diff] exact match in snippet view article find links to article

otherwise do’. MJ Trebilcock, ‘An Economic Approach to the Doctrine of Unconscionability’ in BJ Reiter and J Swan (eds) Studies in Contract (1980) "The real

Louth v Diprose (534 words) [view diff] exact match in snippet view article find links to article

High Court (Australia). O'Shea, G.N. (2010). The Extent to Which Unconscionability at General Law, the Special Equity in Garcia and Part IVA of the Trade

Hunter Engineering Co v Syncrude Canada Ltd (305 words) [view diff] exact match in snippet view article find links to article

Instead, the issue should only be dealt with as a matter of contractual unconscionability such as where parties have unequal bargaining power. Justice Wilson

Dale v Trustbank Waikato Ltd (516 words) [view diff] exact match in snippet view article find links to article

promissory estoppel. On this Penlington J said That to cure the underlying unconscionability, equity requires that the Dales’ expectation should be fulfilled.

Burger King Corporation v Hungry Jack's Pty Ltd (2,348 words) [view diff] exact match in snippet view article find links to article

Bryan (2004). "The expansion of fairness-based business regulation – unconscionability, good faith and the law's informed conscience". Australian Business

Hard privacy technologies (1,175 words) [view diff] exact match in snippet view article find links to article

linkability, recognition, non-repudiation, sensitivity, leakage of details, unconscionability and non-compliance. It is used as a privacy threat modeling methodology

Richard Epstein (3,661 words) [view diff] exact match in snippet view article find links to article

2 (1): 151–204. doi:10.1086/467495. S2CID 153758836. ——— (1975). "Unconscionability: A Critical Reappraisal". Journal of Law and Economics. 18 (2): 293–315

Times Travel (UK) Ltd v Pakistan International Airlines Corp (2,972 words) [view diff] exact match in snippet view article

illegitimate pressure are closely aligned with the equitable concept of unconscionability. In Universe Tankships Inc of Monrovia v International Transport Workers

Pennington v Waine (3,381 words) [view diff] exact match in snippet view article find links to article

per cent of the issued shares in the company. I should add that, if unconscionability is the test, I agree with Arden LJ that it would have been unconscionable

Arbitration in the United States (6,298 words) [view diff] exact match in snippet view article find links to article

arbitrate valid and enforceable (unless one party could show fraud or unconscionability or some other ground for rescission which undermined the validity

Kate Gordon (energy analyst) (1,340 words) [view diff] exact match in snippet view article

California Employment Law Reporter 273, 2003) Mandatory Arbitration: Unconscionability Arguments after Howsam and PacifiCare, CAOC Forum, Fall 2003 (with

Peace River Hydro Partners v Petrowest Corp (1,590 words) [view diff] exact match in snippet view article find links to article

encompasses agreements obtained by "undermined by fraud, undue influence, unconscionability, duress, mistake, or misrepresentation" "inoperative" circumstances

2008 Armenian presidential election protests (8,039 words) [view diff] exact match in snippet view article find links to article

in Yerevan's Freedom Square staged by the Ter-Petrosyan camp. "The unconscionability displayed on February 19 and the brutality used to protect it on March

Arthur Allen Leff (1,640 words) [view diff] exact match in snippet view article find links to article

acknowledges that looking to God for moral truth has many challenges. Unconscionability and the Code-The Emperor's New Clause, 115 U. Pa. L. Rev. 485 (1967)