Contract 1.6 - Undue Influence

Question 1

Contractual obligations should be both…. assumed

Answer 1

Contractual obligations should be both freely and independently assumed

Question 2

Why do duress and undue influence not have clear and distinct targets?

Answer 2

Duress = Common law
Undue Influence = equity

Didn’t develop with a clear view of the other.

Question 3

RBS v Etridge - Undue influence quote

Answer 3

“a person’s consent to a transactin was produced in a way such that the consent ought not fairly to be treated as the expression of their free will”

“impossible to be more precise of definitive”

Suggests the court wants to be open

Question 4

Bainbrigge v Browne 1881

Answer 4

Impoverished father prevailed upon his inexperienced children to charge their reversionary interests under their parents’ marriage settlement with payment of his mortgage debts

Question 5

Allcard v Skinner
1887

Answer 5

Lindley LJ
Class of cases where duty of one party to advise the other or manage his property for him

==> breaking trust as one party owes the other candour and protection