Tate V Williamson
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''Tate v Williamson'' (1886) LR 2 Ch App 55 is an
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
case relating to
undue influence Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person ...
.


Facts

The defendant became the financial adviser to an
Oxford University The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating u ...
undergraduate who sold him his estate for half its value and then drank himself to death, aged 24. The executors applied for the transaction to be set aside.


Judgment

Lord Chelmsford held that the executors would be successful in setting the contract aside. ‘The jurisdiction exercised by courts of equity over the dealings of persons standing in certain fiduciary relations has always been regarded as one of the most salutary description… The courts have always been careful not to fetter this jurisdiction by defining the exact limits of its exercise.’


See also

*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...
* Iniquitous pressure in English law *''
Lloyds Bank Ltd v Bundy ''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 impairmen ...
''
975 Year 975 ( CMLXXV) was a common year starting on Friday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using the Byzantine base at Antioch to pres ...
QB 326 *''
Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contrac ...
'' 350 F.2d 445 (C.A. D.C. 1965)


Notes

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References

* English unconscionability case law House of Lords cases 1886 in case law 1886 in British law