Undue Influence Notes

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Submitted By oknownow123
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Since the doctrine of undue influence is under the court of equity , it derives from different other doctrines that gives it's classification a wide variation from case to case. Thus , it shouldn't be limited a scope of criteria. The criteria shown is only to describe the possibilities of the decisions and distinguishing the doctrine from others , but shouldn't be a consistent set of rules that defines what it exactly it should be in every case and how it should be applied in every case. operates to release parties from contracts that they have entered into as a result of being 'influenced' by the other party. - 754 - Lord Nicholls of Birkenhead : ' If the intention was produced by an unacceptable means , the law will permit the transaction to stand. The means used is regarded as exercise of improper or 'undue' influence, and hence unacceptable whenever the consent thus procured ought not fairly to be treated as the expression of a person's free will. It is impossible to be more precise or definitive. The circumstances in which one person acquires influence over another , and the manner in which influence may be exercised , vary too widely to permit of any more specific criterion' - 770 ' Even this test is not comprehensive. The principle is not confined to cases of abuse of trust and confidence. It also includes, for instance, cases where a vulnerable person has been exploited. Indeed, there is no single touchstone for determining whether the principle is applicable. Several expressions have been used in an endeavor to encapsulate the essence: trust and confidence , reliance , dependence or vulnerability on the one hand and a ascendancy domination or control on the other. None of these descriptions is perfect . None is all embracing . Each has it's proper place.” - 771 main book white * Although undue influence is a well-worn phrase , it's…...

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