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Williams v Bayley

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English contract law case

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Williams v Bayley
CourtHouse of Lords
Full case name Henry Williams and Others v James Bayley
Citation(1866) LR 1 HL 20
Keywords
Undue influence

Williams v Bayley (1866) LR 1 HL 200 is an English contract law case relating to undue influence.

Facts

Mr Bayley’s son forged his father’s signature on promissory notes and gave them to Mr Williams. Mr Williams threatened Mr Bayley that he would bring criminal prosecution against his son unless he granted an equitable mortgage to get back the notes.

Judgment

House of Lords upheld the cancellation of the agreement, on account of undue influence. The agreement was cancelled on the ground that he was influenced by threat.

See also

Cases on undue influence
Allcard v Skinner (1887) LR 36 Ch D 145
Williams v Bayley (1866) LR 1 HL 200
Tate v Williamson (1886) LR 2 Ch App 55
Bank of Montreal v Stuart AC 120
Lloyds Bank Ltd v Bundy [1974] EWCA Civ 8
National Westminster Bank plc v Morgan [1985] UKHL 2
BCCI v Aboody 4 All ER 955
CIBC Mortgages plc v Pitt [1993] UKHL 7
Barclays Bank plc v O'Brien 4 All ER 417
Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 41
National Westminster Bank plc v Amin [2002] UKHL 9
Hammond v Osborn [2002] EWCA Civ 885
National Commercial Bank of Jamaica v Hew [2003] UKPC 51
Pesticcio v Huet [2004] EWCA Civ 372
Thompson v Foy [2009] EWHC 1076 (Ch)
See Undue influence in English law

Notes

  1. Fisher, Michael J., and Desmond G. Greenwood. Contract Law in Hong Kong. Hong Kong University Press, 2007. 262.

References

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