COMM 393 Chapter : Case Brief - Buckwold Western Ltd. v. Sager – UNDUE INFLUENCE.docx
Document Summary
Buckwold western ltd. v. sager undue influence. Defendant collyne sager signed document guaranteeing payment of monies owing from time to time by london carpets ltd. to predecessor company of the plaintiff. Plaintiff claims ,415. 16 against ms. sager, sum owing by london carpets ltd. ms sager admits signing guarantee, denies awareness of its possible consequences. Decision: the creditor, who supplied the goods in reliance on the guarantee, is entitled to enforce the guarantee. Reason: no improper pressure brought upon ms. sager; pressure imposed by mr. sager nothing more than standard commercial pressure gist of commercial arrangement between london carpets. Ms. sagar seeks relief from guarantee on basis that she did not understand all consequences of signing it and did so after husband"s insistence. There is no improper pressure upon ms sagar (duress), not against her free will in giving consent standard commercial pressure , had k for some time.
