For your FIRST POST to this week's discussion question, you must answer one of the end-of-chapter questions.
Remember to IDENTIFY the legal ISSUE and discuss the legal PRINCIPLES which apply.
While you may use the questions at the end of the chapter as a basis for developing your own question, you may not simply change the names, dates, or event of any of the questions in the chapter!! Your question should not require a simple yes or no answer--it should require the answerer to identify the legal issue presented (which MUST come from Ch.
The leading case on undue influence is considered to be Lloyds Bank Ltd v Bundy; the case is remarkable in that judgment was put forth that English law should adopt the American approach that all impairments of autonomy should fall under the single principle of "inequality of bargaining power".
There are generally no standardized criteria for determining unconscionability; it is a subjective judgment by the judge, not a jury, and is applied only when it would be an affront to the integrity of the judicial system to enforce such a contract.
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Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it.
Controversy exists as to whether a contract should be voidable simply because one party was pressured by circumstances wholly outside the other party's control.In order to create video or audio recordings your computer needs to be webcam-enabled.If you don't have a webcam on your computer, you can still record audio-only messages by first installing the Google Video Chat plugin.Upon finding unconscionability a court has a great deal of flexibility on how it remedies the situation."Inequality of bargaining power" is a term used in English law to express essentially the same idea as unconscionability, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness.In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable to enforce agreements.In the limited time the Nat West manager spent alone with Mrs.