undue influence

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

Resource summary

	Created by allie hatch over 5 years ago