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Created by allie hatch
about 5 years ago
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Question | Answer |
what is undue influence ? | when a contract has been entered as a result of pressure which fails to amount to duress |
how many classes are there of UI? | 3 |
what are they? | Class 1 - actual undue influence Class 2a - presumed undue influence class 2b - presumed undue influence |
where was Class 1 set out? | Barclays bank v O'Brien |
what does class 1 require ? | requires proof of ui. must prove the acts amount to ui. |
Lord Nicholls described 'unacceptable conduct' as what ??? | overt acts of improper pressure or coercion such as unlawful threats |
what is the difference between class 2a and class 2b presumed undue influence ? | the trust and confidence of the relationship must be proved in class 2b |
for class 2a, there is no requirement to prove a ui was performed.. however what does need to be established ? | -that there was a relationship which gives rise to a presumption of ui eg. soliciter, client - wright v carter - the truncation cannot be readily explained by relationships of the parties eg. transaction obvs only benefits one party |
there is no .. what for class 2b cases? | automatic presumption arising as a matter of law -Barclays bank v Obrien Lloyds bank v bundy |
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