- Dedication
- Preface and Acknowledgements
- Guided Tour of the Online Resources
- Table of Cases
- Table of Legislation
- 1. Introduction and fundamental themes
- 2. Objectivity in contract law
- 3. Formation of bilateral contracts
- 4. Formation of unilateral contracts
- 5. Contract as an agreement
- 6. Identity of offeror and offeree
- 7. Consideration and promissory estoppel
- 8. Intention to create legal relations
- 9. Contracts requiring writing
- 10. Third parties
- 11. Identifying the terms of a contract
- 12. Interpretation
- 13. Implication
- 14. Rectification
- 15. The control of exclusion clauses and unfair terms
- 16. Misrepresentation
- 17. Duress
- 18. Undue influence
- 19. Unconscionable bargains and inequality of bargaining power
- 20. Good faith
- 21. Capacity
- 22. Illegality and restraint of trade
- 23. Common mistake: contracts void for failure of a basic contractual assumption
- 24. Frustration: contracts discharged for failure of a basic contractual assumption
- 25. Conditions, warranties, and innominate terms
- 26. Anticipatory breach of contract
- 27. Compensatory damages
- 28. Agreed remedies
- 29. Remedies beyond compensatory damages
- Glossary
- Index
(p. 264) 18. Undue influence
- Chapter:
- (p. 264) 18. Undue influence
- Author(s):
Paul S. Davies
- DOI:
- 10.1093/he/9780198807810.003.0018
This chapter examines ‘undue influence’. In a typical case, C claims that a transaction should be set aside because he reposed trust and confidence in D, and the influence that D had upon C was exerted in a way which was ‘undue’. The effect is to render a contract voidable such that it can be rescinded. The basis of undue influence is controversial: it has been argued both that undue influence is based upon D’s exploitation of the relationship, and that the focus is solely upon C’s impaired consent. There are two ways of proving undue influence, which explains actual undue influence and presumed undue influence. Actual undue influence is distinct, though there are overlapping areas, from duress since there is no need to prove a threat or illegitimate pressure. Presumed undue influence requires C to prove that C placed trust in D and that the transaction calls for explanation.
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- Dedication
- Preface and Acknowledgements
- Guided Tour of the Online Resources
- Table of Cases
- Table of Legislation
- 1. Introduction and fundamental themes
- 2. Objectivity in contract law
- 3. Formation of bilateral contracts
- 4. Formation of unilateral contracts
- 5. Contract as an agreement
- 6. Identity of offeror and offeree
- 7. Consideration and promissory estoppel
- 8. Intention to create legal relations
- 9. Contracts requiring writing
- 10. Third parties
- 11. Identifying the terms of a contract
- 12. Interpretation
- 13. Implication
- 14. Rectification
- 15. The control of exclusion clauses and unfair terms
- 16. Misrepresentation
- 17. Duress
- 18. Undue influence
- 19. Unconscionable bargains and inequality of bargaining power
- 20. Good faith
- 21. Capacity
- 22. Illegality and restraint of trade
- 23. Common mistake: contracts void for failure of a basic contractual assumption
- 24. Frustration: contracts discharged for failure of a basic contractual assumption
- 25. Conditions, warranties, and innominate terms
- 26. Anticipatory breach of contract
- 27. Compensatory damages
- 28. Agreed remedies
- 29. Remedies beyond compensatory damages
- Glossary
- Index