Catching Bargain in Europe

Definition of Catching Bargain

Originally a contract for a loan, made on oppressive terms, with an expectant heir (q.v.). Equity granted relief on the ground of constructive fraud, i. e., that the parties were not on equal terms, of which unfair advantage had been taken, and a hard bargain made. The onus was placed on the person seeking to enforce the contract to show that the transaction was fair and reasonable. The doctrine has been extended to all cases where parties do not meet on equal terms, or where one is under pressure without adequate protection ; e.g., a contract between solicitor and client
But no purchase in good faith without fraud of any reversionary interest in real or personal property shall be liable to be set aside merely on the ground of undervalue. (Law of Property Act, 1925, s. 174.) See Chesterfield v. Janssen; Aylesford v. Morris

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Definition of Catching Bargain is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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