duress and undue influence

Question 1

what is duress

Answer 1

1. illegitimate threat or pressure
2. which leaves the claimant with a lack of practical choice or complusion
3. and is a significant cause for them to enter the contract

Carillion Construction LTD v Felix

Question 2

economic duress

Answer 2

Atlas Express v kafco

Question 3

physical duress

Answer 3

Barton v Armstrong

Question 4

bars to rescission

Answer 4

affirmation

undue delay

an inncocent purchaser has already acquired an interest in the contract

impossible to restore goods or property

Question 5

Define Undue Influence

Answer 5

no precise definition, influence which goes beyond what is regarded as acceptable or; when one party isnin a position to influence another and takes an unfair advantage of that position.

Question 6

Actual Undue Influence

Answer 6

whne the unfair advantage is used to force the other into contract which they felt compelled to enter.

Daniel v Drew

Question 7

Presumed Undue Influence

Answer 7

presumed undue influence - Royal Bank of Scotland v Etridge

1. relationship of trust and confidence is presumed in professional relationships - O’Sullivan v Management Agency Ltd
   husband and wife relationships are not presumed unless facts indicate otherwise
2. the transaction calls for explanation

Question 8

further undue influence

Answer 8

can the lender be tainted with that undue influence?

actual/constructive notice - when the influenced individual has brought up that they feel coerced

non-commercial relationships - automatically put on inquiry - Royal Bank of Scotland v Etridge

reasonable steps - private meeting or written and signed solicitor’s letter - Barclays Bank v O’Brien