Undue Influence

Question 1

Allcard v Skinner

Answer 1

Established undue influence

Actual vs presumed undue influence:

Actual: transaction resulted from expressly used influence from one party to another
Presumed: relationship between the parties raised a presumption that one party had influence on the other

Question 2

Aboody

Answer 2

Established different classes of undue influence (old law)

Class 1: actual undue influence - B is able to prove that influence took place

Class 2: presumed undue influence - B is not avle to prove that influence took place but the relationship between A and B is one of trust and confidence
Class 2A: relationship recognised by law as one of trust and confidence
Class 2B: other relationship which is proved to involve trust and confidence

Question 3

Hewett

Answer 3

Relationship of honesty and fairness between A and B not honoured -> actual undue influence

Question 4

Pitt

Answer 4

B doesn’t have to demonstrate disadvantage in actual undue influence

Question 5

Estridge

Answer 5

Rejected Allcard v Skinner and Aboody

”There is only one concept of undue influence, but there are different ways of proving that undue influence has occurred”

Question 6

O’Brien

Answer 6

Established reasonable steps bank must take to make sure wife isn’t undue influenced when signing off her matrimonial home

Question 7

Bundy

Answer 7

Bank manager and client

Question 8

O’Sullivan

Answer 8

Manager and pop singer

Question 9

Re Craig

Answer 9

Housekeeper and elderly employer

Question 10

Burch

Answer 10

Employer and junior employee

Question 11

Cheese v Thomas

Answer 11

Right to rescind lost if contract affirmed