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11 Cards in this Set
- Front
- Back
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What is undue influence |
Where one party takes advantage of a relationship of trust and confidence |
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Example of ACTUAL undue influence |
Drew |
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There will be PRESUMED UNDUE INFLUENCE where...
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Etridge There is a relationship of trust and confidence AND the transaction calls for an explanation |
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Size and implications of transaction - is the transaction a big deal for the client? |
Barclays |
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Court can find a fiduciary relationship on the facts of the case |
Tate |
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Transaction must be such that it is not readily explicable by the relationship |
Etridge |
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Banks are put on inquiry wherever surety-debtor relationship is non-commercial |
Etridge |
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Document looked like a mortgage therefore distinguished from a situation where surety does NOT STAND TO BENEFIT WHATSOEVER |
Pitt |
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Has the lender taken reasonable steps to ensure consent properly obtained? |
Barclays |
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Three ways of making sure consent obtained |
Etridge Private meeting Warn/inform of risks Urge to take legal advice |
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In extreme circumstances where transactions are particularly DISADVANTAGEOUS TO SURETY, creditor should ENSURE AND INSIST that surety takes INDEPENDENT LEGAL ADVICE |
Burch |
