Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel +
pakete abone olan üyelerimiz erişebilir.
G.Undue influence
As explained above, a contract may be capable of being set aside on the basis of…
Undue influence was described by Lords Briggs and Burrows (with whom Lord Kitchin…
“…undue influence is concerned with a situation where, by reason of the relationship between them, one party (B) has such influence over the other (A) that A does not exercise a free judgment, independent of B, in relation to the making of a transaction between A and B (or, in a three-party situation, between A and a third party, C).”…
A contract will likely be tainted by undue influence where the claimant places an…
“Although undue influence is sometimes described as an “equitable wrong” or even as a species of equitable fraud, the basis of the court’s intervention is not the commission of a dishonest or wrongful act by the defendant, but that, as a matter of public policy, the presumed influence arising from the relationship of trust and confidence should not operate to the disadvantage of the victim, if the transaction is not satisfactorily explained by ordinary motives…”…
It is not therefore crystal clear whether wrongful conduct would be required before…
A (rebuttable) presumption of undue influence applies where it can be shown that…
In terms of causation, “but for” causation is not required. There must be a sufficient…
The effect of undue influence is that the contract is rendered voidable and may be…
F.Lawful act duress
CHAPTER 11: FRUSTRATION
EN
TR
