undue influence Flashcards
what are the two types of undue influence?
actual undue influence
presumed undue influence
what is actual undue influence?
where one party has applied direct pressure on the other to enter a contract
give 2 examples of actual undue influence.
carroll v carroll
o Flanagan v ray-ger ltd
what is presumed undue influence?
when parties to a contract are in a particular relationship whereby one places trust and confidence in the other
give examples of relationships that fall under undue influence.
religious adviser/ devotee
doctor/ patient
solicitor/ client
guardian/ ward
give an example of undue influence for a religious advisor and devotee.
Whyte v Meade
give an example of undue influence for parent and child.
mcmackin v Hibernian bank
give an example where facts raise the presumption of undue influence.
mcgonical v black - neighbours
