Earl of Aylesford v Morris (1873)

MacMillan, C. (2012) Earl of Aylesford v Morris (1873). In: Mitchell, C. and Mitchell, P. (eds.) Landmark Cases in Equity. Hart Publishing, Oxford, pp. 329-355. ISBN 9781849461542

Abstract/Summary

A Characteristic of a landmark case is that it stands for a proposition of law. In Earl of Aylesford v Morris,1 Lord Selborne held that where there existed an inequality between contracting parties, with weakness on one side and an extortionate advantage taken of that weakness on the other, the contract could not stand unless the party claiming the benefit of the contract could rebut the presumption by establishing that the transaction was ‘fair, just and reasonable’. This chapter examines the historical circumstances behind the formulation of this proposition.