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Longer titles found: Unconscionability in English law (view)

searching for Unconscionability 44 found (208 total)

alternate case: unconscionability

Williams v Bayley (117 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 (1,242 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
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
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
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 (1,699 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
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
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
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 (973 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 (737 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
Paternalism (1,609 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 (2,423 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
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
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
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
Pacifica Foundation (2,890 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
Hypocrisy (4,788 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
Garcia v National Australia Bank Ltd (528 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
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
Chargemaster (1,758 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. University
University of Pennsylvania Law Review (1,034 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)
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.
Louth v Diprose (533 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
Prenuptial agreement (6,353 words) [view diff] exact match in snippet view article find links to article
agreement can be attacked in court. These include lack of voluntariness, unconscionability, and a failure to disclose assets. Prenuptial agreements in all U
Inequality of bargaining power (3,172 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
Hunter Engineering Co v Syncrude Canada Ltd (296 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
Hard privacy technologies (1,195 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
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
Richard Epstein (3,500 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
Arbitration in the United States (3,861 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
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
Peace River Hydro Partners v Petrowest Corp (1,581 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
Pennington v Waine (3,379 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
Kate Gordon (energy analyst) (1,322 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
2008 Armenian presidential election protests (8,222 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 (1,739 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)