Peer-Reviewed Journal Details
Mandatory Fields
Mee, J.;
1995
Unknown
Cambridge Law Journal
Undue Influence, Misrepresentation and the Doctrine of Notice.
Published
()
Optional Fields
54
3
536
544
This article examines Lord Browne-Wilkinson's approach in Barclays Bank v O'Brien [1994] 1 AC 180 to the problem of third party undue influence (or misrepresentation) in the context of bank guarantees. It suggests that his use of the doctrine of constructive notice was not orthodox and that, despite the general welcome for the decision, there are serious problems with the approach in O'Brien.
Grant Details