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Case Note and Cae Law

...... To prove that the bank used undue amounts of pressure, the defense would cite a number of different rulings as precedent these include: Williams v Bayley, Ormes v Beadel and D&C Builders Ltd v Reese. These different cases were relevant because they showed how a transaction that is placed under undue amount of pressure is invalid. As the party under pressure, has no option but to submit to the demands of the other party. In this case, Herbert Bundy had no choice other than to do exactly what the bank demanded of him
To show salvage conditions; the defense would compare Bundy situation to that of sinking ship. Where, there is an unfair relationship between the party on the sinking ship that needs help and the one that provides rescue assistance. According the defense counsel, they said that Bundy was in a similar situation, as Lloyds was the only way that he could save himself. Because such conditions existed, meant that the actions undertaken by Lloyds were wrong. The precedent that was cited was The Port of Caledonia v The Anna. Under this case, the rescuer refused to throw a rope to a sinking ship unless he was paid