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United Kingdom Leading Case undue influenceguarantees and indemnitiesno conflict rule

Barclays Bank plc v O'Brien

[1994] 1 AC 180
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1994
StatusBinding authority

Summary

A bank is put on inquiry and fixed with constructive notice of undue influence when a wife stands surety for her husband's debts, requiring it to ensure she receives independent legal advice.

Key Principle

Constructive notice of undue influence in surety transactions; bank put on inquiry when wife guarantees husband's debts and must ensure independent legal advice obtained

Area of Law

banking

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Full Federal Court held that bank late payment fees were not penalties or unconscionable under consumer protection law as they bore a genuine pre-estimate of loss or legitimate commercial interest.

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