LAWS 3003 Lecture Notes - Lecture 10: Undue Influence
Document Summary
Factors that vitiate to consent at the time of the motion which undermine the appearance of consent. Duress: if the contract is induced by actual violence, threat of violence, unlawful imprisonment of the innocent party, a servant/employee of the innocent party. Then the contract is voidable and can be avoided. Duress of goods: concept of duress and extended it from the person to threat to the innocent parties physical property, demands that an agreement is signed in exchange for that property. Economic duress: no voluntary consent of the innocent party to the agreement. Undue influence: equity took the position that there could be something as undue influence, the victimization of one party to another, case called, allcard v skinner. Unconciousability: looks to see when the victim suffers from bargaining impairment. Unequal bargaining: lord denning came from a case bundie case, over farm. The sons business failed and the bank wanted to take the familys farm.
