UNDUE INFLUENCE. The doctrine of undue influence enshrined in section 16 of the Contract Act 1950: Undue Influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. Undue influence is an equitable doctrine where the courts intervene to determine if a person has exerted dominion over another, resulting in some gain or benefit accruing to the defendant. The courts have been loath to define undue influence but, as Lindley LJ noted in Allcard v.
Undue influence maybe presumed where there is a pre active relationship of confidence between two parties to a contract as a result of which one places trust in the other and the contract between them is unfavourable to the party who places trust In the other.
Hence, it allows them to assess cases flexibly based on the particulate facts provided rather than looking at undue influence as a common law doctrine and applying the rules set strictly. A main difficulty in attempting to set a comprehensive definitive description of undue influence is its numerous resemblances with the unconscionability notion.
Law of Contract: Genuine Consent Essay. Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer, acceptance, legal intentions and consideration, its validity or enforceability may be affected by a number of factors.
Below is an essay on" Contract Law Duress And Undue Influence" from Anti Essays, your source for research papers, essays, and term paper examples. Contract law duress and undue influence What are the differences between Duress and Undue Influence? WritePass Essay Writing Dissertation Topics of Separate Legal PersonalityPiercing the Corporate Related Introduction Contract law is primarily concerned with the enforcement of promises and Undue Influence law Essay Online For Free.
Category: Law. open document save to my library. Part A Introduction The facts present various problems. The first issue is undue influence. This is the most obvious issue. Copying this text into your essay will count as a plagiarized writing. BUT! Our writers can edit this essay to make it