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Words: | Submitted: Mon Jun 19 2006
... As Poole outlines, "The doctrine of undue influence [allows] a contract to be set aside where there has been a wrongful exercise of influence by one party over another"4, it is the decision making process that has been undermined, or "where judgement has been abdicated in areas relevant to the transaction in question"5. Although equity has provided us with a possible means of considering other necessary forms of pressure and coercion, and undue influence is hailed as an "extensive remedy"6, I am hesitant to associate it with a panacea. There is plenty to consider in the doctrine, and many questions to be asked, not least a primary question which Poole raises immediately; "What sort of influence will the courts view as being wrongful?" There are two types or classes of undue influence to consider; actual and presumed. In both cases, the essence of the defence is that one of the parties ...
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