JSB171 Lecture Notes - Lecture 1: Consideration, Physical Disability, Foxtel
Document Summary
The doctrines aren"t mutually exclusive and sometimes they will co-exist and overlap within the facts of a particular case. Undue influence: will of person overborne haven"t entered into k with a freely consenting mind, focus on quality of their consent: amadio, does not require a special disadvantage as unconscionable conduct does. Unconscionable bargains: person has exercised their will but it is underdeveloped due to special disadvantage. = the improper use of ascendancy of one party over the other, for the benefit of the ascendant party, such that the person influenced is not acting voluntarily: union bank v whitelaw. Undue influence can be divided into two classes: johnson v buttress: actual undue influence. First class: actual undue influence: burden of proof with party seeking to set transaction aside. Plaintiff must prove: johnson v buttress: existence of actual influence o, transaction occurred as a result of this influence. Use of legal action not unlawful but was used to extract promise from father.
