Undue influence Flashcards
1
Q
What is undue influence?
A
An equitable doctrine meaning its based on fairness
2
Q
What is class 1 Undue influence?
A
Actual Undue Influence requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence.
3
Q
What is class 2a?
A
The burden of proof falls to the defendant. There needs to be special relations (legal or ethical) and there needs to be a transaction in need of expiation
