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

RIS ID

141096

Publication Details

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.

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.

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