| Commentary

260 Unconscionable bargains

| Commentary

260 Unconscionable bargains

In Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd1, Lord Pearce stated that ‘it is important that the court, in weighing the question of reasonableness, should give full weight to commercial practices and to the generality of contracts made freely by parties bargaining on equal terms’2. In A Schroeder Music Publishing Co Ltd v Macaulay, Lord Diplock stated that ‘if one looks at the reasoning of 19th century judges in cases about contracts in restraint of trade, one finds lip service paid to current economic theories, but if one looks at what they said in the

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