Essay about Undue Influence Notes

7550 Words Dec 6th, 2012 31 Pages
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 …show more content…
- green handwriting 368 * The courts have generally been reluctant to attempt a comprehensive definition of undue influence. They tend to emphasize the facts and circumstances of the individual case. Thus relationships are ' infinitely various' and no description of the relevant factors is 'perfect' or all embracing'. The emphasis is not only on 'influence but on the 'abuse' or the 'misuse of that influence. In this sense undue influence has been said to have a connotation of impropriety. But it may be improperly in an attempted form , in that it can apparently take reform of failing to provide a claimant with access to independent advice . ' - 753 Contract Law – Text , Cases , and Materials 2nd Edition – Ewan Mckendrick – Oxford University Press – 2005 * Moreover it is possible to identify at a very general level , different factual situation where undue influence might be found. - Unconscionability and the taxonomy of undue influence * The ability to influence another is not, per se, objectionable.194 One of the key requirements of the doctrine of undue influence is that the influence must have been, to adopt the terminology of Birks and Chin, “excessive”. This begs the difficult question: at what point does influence become “excessive” or “undue” (in the sense of too much). In many cases it is clear that there need

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