Duress & undue influence Flashcards
1
Q
When should a bank be put on inquiry of undue influence when obtaining security for a loan?
A
When the relationship between the debtor and other person is non-commercial and the loan is not for their joint benefit.
2
Q
When is a bank not ‘tainted’ (liable) for undue influence of it’s debtor?
A
The bank should have a private meeting with the potential claimant to explain the risk or the potential claimant should seek independent advice.
