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Duress, undue influence and unconscionable bargain Chapter 7
Parsley is an accountant employed by a bible society. Parsley has a moderately serious gambling problem and as a result is in debt to the Fennel Finance Co. Parsley has no assets of his own other than his salary, which he usually spends on his gambling habit. Mrs Parsley, however, has considerable wealth of her own and is the registered proprietor of the family home which was left to her by an uncle. Fennel approaches Mrs Parsley about her husband’s debts and suggests that if she is not prepared to pay them herself she could at least offer some security for them. Fennel demands that she guarantee the repayment of the debts and mortgage the house to secure the guarantee. When Mrs Parsley expresses concern about this arrangement, Fennel threatens to inform the bible society of her husband’s gambling habit. Mrs Parsley knows that this would almost certainly result in Parsley losing his job, so she agrees to Fennel’s demand and executes the necessary documents. Having had time to reflect Mrs Parsley has come to regret her action and wishes to cancel the agreement. Advise her.


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