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Unconscionable bargain (Boustaney v Piggot (party seeking to enforce…
Unconscionable bargain
cases that don't fit under undue influence or duress, but are wrong
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Carroll v Carroll parties have unequal bargaining positions and weaker party not adequately protected
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Grealish v Murphy -elderly illiterate farmer living alone in rural area (wealthy, no business sense), gave up property to neighbour, set aside solicitor not aware of all the facts (inadequate)
Lydon v Coyne - aged uncle transferred land to nephew in return for promise (stay with wife on property for lives), deed set aside - no understanding of deed
Kelly v Morrisoe - an eccentric old lady, sold property to younger person , deed not set aside - recieved advice from trusted friend and fair price
Smyth v Smyth - trustee of property bought portion of land from beneficial owner (alcoholic), transaction not set aside - alcoholism - not sufficient to set aside agreement
nature of the remedy
he who seeks equity must do equity - discretionary nature - court may exercise discretion to not set aside contract
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laches - unreasonable delay - JH v WJH - widow signed away statutory entitlement of dead husband to her son - didnt go to court till 8 years later - contract kept
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