Contract Undue Influence

Question 1

What are the three types of undue influence

Answer 1

Actual influence
Presumed UI - special relationship
Presumed UI - trust and confidence

Question 2

Actual influence

Answer 2

The burden lies on the party claiming UI

Question 3

Presumed UI - special relationship

Answer 3

Presumption that a special relationship exists and this presumption cannot be rebutted

Question 4

What relationships are excluded from presumed UI by special relationship

Answer 4

Spouses/ civil partnerships
Adult child/parent

Question 5

Presumed UI - trust and confidence

Answer 5

Presumption of UI which can be rebutted. Used by spouses and adult children and parents