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The Varying Shades of Unequal Bargaining Power in Agreements with Financial Institutions: Some Comparative Perspectives: Journal of International Company and Commercial Law Review

Journal Article


Abstract


  • This article discusses common law inequality of bargaining power in financial transactions in English and Australian law and compares its application with that in other jurisdictions. Here, where someone’s consent to a bargain was only procured through duress, undue influence, or under external pressure that has been exploited by a financial institution, courts have felt it was against good conscience to enforce such an agreement.

Publication Date


  • 2020

Citation


  • Chew, C. Y.C. (2020). The Varying Shades of Unequal Bargaining Power in Agreements with Financial Institutions: Some Comparative Perspectives: Journal of International Company and Commercial Law Review. Journal of International Company and Commercial Law Review, 31 (2), 55-64.

Number Of Pages


  • 9

Start Page


  • 55

End Page


  • 64

Volume


  • 31

Issue


  • 2

Place Of Publication


  • United Kingdom

Abstract


  • This article discusses common law inequality of bargaining power in financial transactions in English and Australian law and compares its application with that in other jurisdictions. Here, where someone’s consent to a bargain was only procured through duress, undue influence, or under external pressure that has been exploited by a financial institution, courts have felt it was against good conscience to enforce such an agreement.

Publication Date


  • 2020

Citation


  • Chew, C. Y.C. (2020). The Varying Shades of Unequal Bargaining Power in Agreements with Financial Institutions: Some Comparative Perspectives: Journal of International Company and Commercial Law Review. Journal of International Company and Commercial Law Review, 31 (2), 55-64.

Number Of Pages


  • 9

Start Page


  • 55

End Page


  • 64

Volume


  • 31

Issue


  • 2

Place Of Publication


  • United Kingdom