Undue influence Flashcards
1
Q
What are the two types of undue influence?
A
Actual and presumed.
2
Q
Which case demonstrated actual undue influence?
A
Etridge.
3
Q
What is presumed undue influence?
A
Where there is a presumption of undue influence due to the nature of the relationship between the parties.
4
Q
Where is there a relationship of trust and confidence?
A
Between: parent and child solicitor and client doctor and patient religious adviser and follower.
5
Q
What is the best way of removing the presumption of undue influence?
A
By proving the other party had independent advice.
6
Q
What are the available remedies for undue influence?
A
Rescission or voiding the contract.
