The Case of Barclays Bank and O’Brien 1994 in the Development of Women's Rights

1334 Words3 Pages
bulb-icon

Recommended: An Essay on Gender Inequality in society

The Case of Barclays Bank and O’Brien 1994 in the Development of Women's Rights

CASE COMMENTARY

BARCLAYS BANK V O’BRIEN (1994)

Traditionally, society has regarded women as the inferior of the two

sexes. It was believed that women should be ‘kept’ by their husbands,

who being the chief bread maker should look after his wife and their

finances. Up until recently women were not afforded special rights in

equity that are available to them today.

The case of Barclays Bank and O’Brien 1994 has been significant in

establishing rights for wives who have been unduly influenced by their

husbands into risking their property for the debts of their husbands.

Lord Browne-Wilkinson’s judgement has been subject to much criticism

regarding the extent to which wives and near-wives should be protected

by the law from their husbands influence. Two schools of thought have

emerged from the case; one follows that, no special protection should

be afforded to marry women, the second, called the ‘special equity

theory’, considers that special rights should be available to those

where the relationship between the debtor (husband), and surety

(wife), is such that the surety relies upon the debtor. The debtor’s

influence over the surety is a natural feature of the relationship.

Lord Browne-Wilkinson recognised that even in the modern day women

still depends upon their husbands to deal with financial matters. The

leading authority on special rights, which should be given to women

prior to O’Brien, was Turnbull and Duval 1902. His lordship

criticised the judgement in this case and described the basis on which

the case was decided as ‘obscure’. Sc...

... middle of paper ...

...jected to by their

husbands or partners.

In retrospect, the case of Barclays Bank and O’Brien and Lord

Browne-Wilkinson’s’ judgement has excelled women’s rights

significantly compared with those which were available to them prior

to the hearing of the case. Although there are various discrepancies

between the ideals suggested by His Lordship and actual practice,

there has been much appraisal for it in developing women’s collective

legal rights.

REFERENCES

==========

* BOTTOMLEY, Anne, Women, Family and Property.

* CONWAY, Maggie, Equity’ Darling.

* GREER, Sarah, PALOWSKI, Mark, Constructive notice and independent

legal advice: A study of lending institution practice.

* MACKENZIE, Robin, Beauty and the Beastly Bank: What should

equity’s fairy wand do? Ch 8 ed. Bottomley.

Show More
Related

  • Palgo Holdings V Gowans Essay

    2890 Words  | 6 Pages

    INTRODUCTION In Palgo Holdings v Gowans , the High Court considered the distinction between a security in the form of a pawn or pledge and a security in the form of a chattel mortgage. The question was whether section 6 of the Pawnbrokers and Second-hand Dealers Act 1996 (NSW) (‘the 1996 Pawnbrokers Act’) extended to a business that structured its loan agreements as chattel mortgages. In a four to one majority (Kirby J dissenting) the High Court found that chattel mortgages fell outside the ambit of section 6 of the 1996 Pawnbrokers Act. However, beyond the apparent simplicity of this decision, the reasoning of the majority raises a number of questions.

    Read More

  • The New Republic - Women's Rights

    521 Words  | 2 Pages

    In 1850 society the new republic altered the role of women by making the differences of men and women in society more noticeable, by giving them a higher status, and allowing them to demand more rights and think for freely.

    Read More

  • Women Rights in Canada

    1110 Words  | 3 Pages

    “Honey, you’re not a person, now get back in the kitchen and make me a sandwich!” If a husband were to say these words to his wife today, he would likely receive a well-deserved smack to the face. It is not until recently that Canadian women have received their status as people and obtained equal rights as men. Women were excluded from an academic education and received a lesser pay than their male counter parts. With the many hardships women had to face, women were considered the “slave of slaves” (Women’s Rights). In the past century, women have fought for their rights, transitioning women from the point of being a piece of property to “holding twenty-five percent of senior positions in Canada” (More women in top senior positions: Report). The Married Women’s Property Act, World War I, The Person’s Case, and Canadian Human Rights Act have gained Canadian women their rights.

    Read More

  • Womens Rights Policy: The Stereotypes Of Women's Rights

    1026 Words  | 3 Pages

    Why is it that most men think that women aren’t good enough to be their equals in the working world? The stereotypical male thinks that women should be at home doing what women do best, any stereotypical activity you can think of a woman doing. Such as, watching soap operas, cleaning the house, or even crying because she started her menstrual cycle. But when it comes to the working world, you would think men would treat a woman equally based on the work she contributes on a day-to-day basis and not by the way she looks. Instead not only are women treated unfairly but also, they don’t even get paid the equal amount as their male counter parts. Even when it comes to what women are allowed to do with their bodies men seem

    Read More

  • The Declaration of the Rights of Women

    1382 Words  | 3 Pages

    The French Revolution was a period of time in which France underwent many changes, many which could be considered revolutionary. France’s whole system and way of being was completely changed. New ideas were proposed everyday. An idea is revolutionary when it is a new idea, when it is something that has never been thought of before. The Declaration of the Rights of Women written by Olympe de Gouges on September 1791, was one of the ideas proposed to the National Assembly (Hunt, Web 1). The document proposed that since the French Revolution was all about finding equality for all people, women should be equal to men and therefore, should have the same rights as men did. Women at the time live in terrible conditions. They had little access to education, and therefore could not enter professional occupations that required advanced education, were legally deprived of the right to vote, and were not considered citizens (Class Discussion Notes). If equal rights were not given to women, the French Revolution had not reached its full potential, according to Gouges. She expressed this idea in her document, saying, “This revolution will only take effect when all women become fully aware of their deplorable condition, and of the rights they have lost in society” (Gouges, Web). Anyone that questioned the Revolution was immediately put to death (Class Discussion Notes). If Gouges’ document and ideas were important enough to catch the attention of the National Assembly and for her to be put to death, her ideas could be considered important and revolutionary (Britannica, Web 1) But, the document was not revolutionary. The Declaration of the Rights of Women was not a revolutionary document because its ideas were taken from other people and were no...

    Read More

  • The Exclusion of Women's Rights

    1377 Words  | 3 Pages

    The Fifteenth Amendment of the United States Constitution prohibits the government, federal and state, from denying citizens the right to vote based on “race, color, or previous condition of servitude.” Nevertheless, this amendment still did not give women the right to vote. Gender equality in current times is an essential part to the modern democratic government. Under international standards, both men and women should have equal opportunities to participate in the political process. However throughout history, women, the numerical majority, were neither encouraged nor allowed to participate in the United States political process through political attitudes and institutions. Women gained momentum for the women’s rights movement, their struggle for suffrage and equality, through their ability to bring their differentiating views together to work towards one goal.

    Read More

  • Women 's Rights Of Women

    1358 Words  | 3 Pages

    Many women have contributed to supporting women 's rights, leaving their mark on history. Four women will be discussed, describing their work and events that incorporate the campaign that each woman supported or lead.

    Read More

  • The Importance Of Equal Rights For Women In Society

    1459 Words  | 3 Pages

    Today, women share the same equal rights and opportunities as men; nevertheless, that has not invariably been the case. Before the Jazz Age era, gender discrimination between men and women in society was considerably popular. Women were seen as inferior to men. Their jobs were to care for the home, children, and other domesticated duties while men were able to work, get an education, and become doctors or lawyers. Many women like Susan B. Anthony, Elizabeth Cady Stanton, Ida B. Wells, Sojourner Truth, Zora Hurston, to mention a few, seen the unfairness in women's rights and fought for equal rights for women through different movements, efforts, protests, and even marches to abolish women’s rights. As a consequence, women now pursue not only higher education and higher paid jobs/ businesses, but their rights. One of the world’s most controversial issues among churches of today is the role of a woman. Many people are confused about the duty of a woman and how she is supposed to serve God because of history. History taught us to never deny someone of gender, race, or even diversity since he or she has human rights. However, this issue should not be viewed as men versus women because this is not a political issue; instead, it should be viewed as the structural of a church. Women should not be priests, pastors, or even rabbis for God condone women for being priests, pastors, and rabbis as well as proscribed.

    Read More

  • The Fight For Women's Rights

    2302 Words  | 5 Pages

    The “Circle of Life” is something that plays a prominent role in Disney's The Lion King. Focusing on the life as it pertains to an ecosystem, the lessons it teaches are universal. Everything in life is interconnected, and the obstacles that people face always impact other people. History has proven to be a great example of this, especially when it comes to fights for equality. Showing the progression of the lives of many different civilizations in relation to each other, can allow for anyone in the present to learn an incredible amount as to why people are the way they are. Unfortunately, interest in history has waned over the years. Therefore, very few people take advantage of the advantages of history. This ignorance is extremely ironic because the behaviors of teens and young adults, especially women on the east and west coasts, are immensely like that of those in the 1920s. Meanwhile, the mid-west reflects that of the 1950s. To think that two different eras are portrayed so accurately in today's society, simultaneously and with such ignorance to the fact, is nothing short of amazing. While one emulation is a chance to progress forward, the other may cause more problems than it would solve. This is especially true when one notes the liberties a woman had in the 1950s in comparison with the 1920s. One would think that the 1950s housewife had more freedom; however, the rebellious spirit of the 1920s flapper allowed them to be more active people. It goes to show that the longevity of the impacts of the feminist movements throughout history are based on not only on education of the subject but also the location in which they occurred. This cycle of going back and forth in the fight for womens' rights is something that ...

    Read More

  • The History Of Gender Equality

    1339 Words  | 3 Pages

    Imagine living in a society where an individual’s future and way of life is solely based on their gender. Does that sound preposterous? The United States is one of many nations to possess a Constitution incorporating rights awarded to every citizen; however, several rights are violated daily. The Fourteenth Amendment holds the most commonly used phrase, “equal protection of the laws,” allowing equal rights for every citizen of the United States. One of the most violated rights, under the Fourteenth Amendment, is gender discrimination. Many factors contribute to inequality between men and women in our everyday lives. Some factors include the early history of internal war conflicts, leadership roles, along with the physical build of men and women.

    Read More

  • Kate Chopin's The Story of an Hour and Feminism in the 1800s

    1313 Words  | 3 Pages

    the men don’t get everything; both the man and the woman have an equal chance to prove they are worthy enough to obtain assets and children. Usually the female acquires the children and the male acquires the assets. “The Story of an Hour” might inspire some modern-day wives to oppose their husbands if their marriages are not going so well. This story has made me aware of my equal rights as a woman, and how much I take those rights for granted.

    Read More

  • Analysis Of Margaret Fuller's The Great Lawsuit

    1208 Words  | 3 Pages

    Challenging the normality, Margaret Fuller rips the chains of women arguing for equal status in marriage, education, and participation in society throughout her essay “The Great Lawsuit.” During the late 1800s to early 1900s, the daily lives of women and men were undoubtedly divided. Based on gender, people were expected to execute specific tasks to ensure that the home and community functioned as smoothly as possible. Men typically worked outside of the house and participated in many city functions. Women, however, were much more limited in their movements.

    Read More

  • A Women's Right to Vote in Britian

    1227 Words  | 3 Pages

    Women had a tough time in the mid 1800’s; in Britain in Particular. They had hardly any rights, could only work certain jobs, and could not vote. Women should have had more right, or just as equal rights as men had. Men were sexist against women; they did not think women could achieve the standards men were held to. It mostly occurred in the lower class, but the lower class and upper class were victims al well. These women were not the wealthiest, but they also were not the poorest, they fell somewhere in between, or average.

    Read More

  • Jean-Jacques Wollstonecraft's A Vindication Of The Rights Of Woman

    918 Words  | 2 Pages

    This analysis endeavours to understand a bundle of quotes extracted from the work of Wollstonecraft, particularly her theories within “A Vindication of the Rights of Woman”. Firstly, we will primarily deal with Wollstonecraft’s relationship with Jean-Jacques Rousseau, and her vehement critique of his views on education and women in general. The second paragraph will attempt to contextualise her views per the historical and cultural events occurring around the time of writing, and debate whether Wollstonecraft’s theories were ‘male-orientated’ to compensate for her audience, or if through socialisation she genuinely believed women to be the imperfect ones, and that is was the responsibility of men to educate and validate their presence.

    Read More

  • Women’s Rights: A Path into the Society to Achieve Social Liberation

    1241 Words  | 3 Pages

    Society has violated females’ privacy for thousands of years. The violations have crossed relational, physical, spiritual, sexual and emotional borders of women and girls’ privacy and privileges. Furthermore, women hold almost 52 percent of all professional-level jobs; however, American women stay behind men when it comes to their representation in leadership positions. The last decades of the 20th century women’s professional advancement slowed down, narrowing the percentage of women in management jobs. Philosophers like Plato and the ancient cynics have tried to advocate in favor of women. Yet, society has given more attention to the feminist’s political rights than the actual feminist’s social rights as the ones that women should enjoy on their work environment; although achieving equal political rights for women is a necessary condition for women to succeed, it is not sufficient to cover the gender break in leadership and management positions. It would not be sufficient because women’s oppression under male domination does not consist only in depriving women of political and legal rights, it also extends into the arrangement of our society and our culture.

    Read More

More about The Case of Barclays Bank and O’Brien 1994 in the Development of Women's Rights

Open Document