is impossible to define‚ and difficult even to describe‚ at what point at which the influence becomes‚ in the eye of law‚ undue.” The doctrine of undue influence has been agreed upon as “the ground of relief developed by the courts of equity as a court of conscience.” It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However‚ the aim is to ensure that the influence exercised is not abused. On the grounds of these concepts‚ it is impossible to set a
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VOIDABLE CONTRACTS * COERCION * UNDUE INFLUENCE * FRAUD * MISREPRESENTATION * MISTAKE PREPARED BY: TEH GUAN HONG GM04795 NUR SYAHIRAH BINTI HUSAINI GM04674 SAMEENA BINTI SIRAJ GM04558 ASHTON GM04801 NALINI BALAKRISHNAN GM04634 COERCION Coercion‚ as an element of duress‚ is grounds for seeking the cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court. In
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Case 2: When is undue influence or lack of capacity present when giving away property? What factors or tests have the courts put in place to prove this was present? According to 23 Am. Jur.2d Deeds § 176‚ the definition of "Undue influence‚" needed to contest conveyances‚ is that influence that dominates a grantor’s will and destroys his or her free agency and coerces it to serve the will of another.[1] A grantor who has been unduly influenced does not have the requisite intent
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to be free when it is not caused by coercion‚ undue influence‚ fraud‚ misrepresentation and mistakes according to Section 14 of Contracts Act 1950. A voidable contract is one where one party has a choice of either continuing with the contact or rescinding the contract: section 2 (j). Rescission ab initio means termination of contract on the original date of the contract. Section 20 provides that when consent to an agreement is caused by undue influence‚ the agreement is a contract voidable at the
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THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction 3 2.0 Concept of undue influence 3 3.0 Doctrine of unconscionability
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there vitiating factor of economic duress? Issue 1: Can the doctrine of economic duress apply? Economic duress is the economic pressure or threat exerted upon another party which is beyond what the law deems as acceptable or legitimate. Under the doctrine of economic duress‚ a contract may be avoided by a party who has entered into it because of this illegitimate threat to harm his economic interest (financial or business interest) The elements of duress were laid down in Universe Tankships
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Introduction A contract is voidable or vitiate under several situations‚ economic duress is one of the examples. Economic duress is a vitiating factor in a contract as it is a common law defense. When there happens to be an economic duress in a contract‚ the party can make the contract voidable if the requirements are fulfilled. One needs to be noted that the contract is only voidable instead of being voided completely. A contract has no legal force or effect at all if it is being voided. However
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Duress is an element of force either physical or economic‚ which is used to override on parties freedom to choose to enter into a contract. Under such circumstances the contract is voidable at the instance of the innocent party. Its application used to be restricted to contracts entered into as a consequence of a threat. Originally it was held that the threats to person’s goods could not amount to duress‚ but a doctrine of economic duress has now been developed by the courts. The effect of the
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Affirmative defense of duress in this case which I will be explaining is with fictional names and examples. Allison and her daughter are on a road trip‚ they are on their way to visit some family up North for the weekend. Allison and her daughter stop in a small town of an exit to get some gas and a few snacks. Once inside to pay‚ a man and a woman enter behind them‚ while standing in line the man grabs Allison from behind holds her at gunpoint and tells her to open the cash register drawer. In
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ECONOMIC DURESS DURING A PERIOD OF ECONOMIC DOWNTURN Introduction Credit crunch good news for the Bar? The Business Secretary‚ Lord Mandelson‚ has expressed concern that banks are suddenly and unilaterally changing the terms of credit facilities with companies making the credit more costly and at the same time charging the companies high administration fees for doing so. Can some of these arrangements be challenged on the ground of economic duress? Two requirements must be
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