Search results
Jul 24, 2024 · Undue influence is when a powerful person persuades a weaker one to make decisions that are not in their best interest. Learn how undue influence works, see some examples, and find out how it can affect contracts and agreements in the financial markets.
Nov 27, 2020 · What Is Undue Influence? In short, under influence is an equitable doctrine that involves one party taking advantage of another more vulnerable party for financial gain. The concept of undue influence is most commonly used in the context of a contract law.
BCCI v Aboody [1989] 2 WLR 759. A husband and wife owned a family company and the company’s liabilities to its bank were secured, among other things, by charges of the wife’s house. The bank sought to enforce the securities and the wife pleaded actual undue influence by the husband.
Undue influence is similar to duress in nature, but the doctrine of undue influence is an equitable doctrine as opposed to the common law basis of duress. The key differing factor is the duress is based on a threat, whilst undue influence will be based on a relationship that has been exploited. The types of undue influence
Mar 28, 2024 · Undue influence is a legal concept that arises when one individual manipulates another’s decisions due to an imbalanced relationship. This article delves into the definition, workings, and provides real-world examples of undue influence.
Examples of behaviour which might be held to be undue include: Lying to the claimant or withholding relevant information: First Plus Financial Group v Hewett [2010] EWCA Civ 312. Failing to ensure that the claimant got proper legal advice and understood the transaction: Hammond v Osborn [2002] EWCA 885.
Undue influence is when the free will and judgment of an individual is tampered with through persuasion using devices such as trickery, insinuations, deception, and flattery. Overview of Undue Influence. When undue influence is being established, four elements must be present. 1. It must be shown that the victim was susceptible.
