Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd

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Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd
Royal Coat of Arms of the United Kingdom.svg
Court Court of Appeal of England and Wales
Full case name Alec Lobb (Garages) Limited & Ors v Total Oil (GB) Limited
Decided November 8, 1984 (1984-11-08)
Citation(s) [1984] EWCA Civ 2, [1985] 1 WLR 173
Court membership
Judge(s) sitting Waller LJ, Dunn LJ, Dillon LJ
Keywords
Undue influence

Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd [1984] EWCA Civ 2 is an English contract law case relating to undue influence.

Facts[edit]

Mr Lobb was the managing director of a small petrol station in South Street, Braintree, Essex. It had to buy petrol only from Total Oil. In 1969 he was in financial difficulty. Contrary to his solicitor's advice, he entered into a lease and lease back arrangement with a new tie agreement with Total Oil. This proved costly. Eventually he paid off debts and ten years after sought the agreement to be set aside as being a restraint of trade and unconscionable.

In the High Court, Mr Peter Millett QC, sitting as a deputy High Court judge, held that the agreement could not be set aside, and Mr Lobb appealed.

Judgment[edit]

Dillon LJ held it was not a restraint of trade or an unconscionable bargain and even if it had been, it would have been barred by laches anyway.

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