Duress And Undue Influence

Question 1

R v Attorney-General 2003

Answer 1

The privy council held that there must be illegitimate pressure, amounting to the compulsion of the will of the victim.

Question 2

Pao On v Yiu Long (1980)

Answer 2

Mere commercial pressure is not enough ‘there must be a coercion of will such that there was no true consent’ so that the contract was ‘not a voluntary act’.

Question 3

The Universe Sentinel 1983

Answer 3

Lord Scarman identified 2 broad events to duress - pressure amounting to compulsion of the will of the victim and the illegality of the pressure.

Question 4

The Siboen and The Sibotre 1976

Answer 4

The courts developed a notion of economic duress. Based on commercial pressure from the concept of duress.

Question 5

Barclays Bank PLC v O’Brien and Another (1993)

Answer 5

Two classes of undue influence

1- actual undue influence - the claimant must prove that undue influence was actually exerted leading to the contract

2- presumed undue influence - the claimant must show only that there was a relationship of trust and confidence between the parties and it is fair to presume undue influence

Question 6

Williams v Bayley 1866

Answer 6

Undue influence may now be established through direct evidence

Question 7

Allcard v Skinner 1887

Answer 7

Some relationships create an irrebuttable presumption of influence, although not necessarily undue influence.

Question 8

Royal Bank of Scotland v Etridge (2001)

Answer 8

Established the question of whether the nature of the transaction raises suspicion (is it clearly bad for the claimant)