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Unfair Contract

Law and Sea.


Last updated: 06-Oct-2014

Earl of Aylesford v Morris (1873) 8 Ch App 484, per Lord Selborne, LC:

…the ordinary effect of all the circumstances by which these considerations are introduced, is to deliver over the prodigal helpless into the hands of those interested in taking advantage of his weakness; and we so arrive in every such case at the substance of the conditions which throw the burden of justifying the righteousness of the bargain upon the party who claims the benefit of it.

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