This thesis will examine the law of undue influence. It will examine the theoretical basis of undue influence, the general misconceptions in the law, the impact of the Etridge case, and related doctrines of duress and unconscionability. Given the developments in the law due to Etridge, issues regarding simplification of the law will be examined. The three doctrines share much in common, and issues of

Undue influence is usually only claimed in the event that the party is in a relationship wherein another person is able to influence their decisions. Normally undue influence can only be successfully claimed by a minor or an elderly person who has a guardian responsible for overseeing their legal or financial Undue Influence is defined under Section 16 of the Indian Contract Act 1872 If a contract is entered into by obtaining consent through undue influence the contract is voidable. 1) Meaning of Undue Influence: Influence that prevents someone from exercising an independent judgement with respect to any transaction. 5.3.2 Duress and Undue Influence Lecture. Duress. In the context of contract law, this refers to where a party uses duress against the other party in order for them to enter into a contract which they either do not want to, or where the terms of the contract are unfavourable to them. Duress by threat of violence. Undue influence. Undue influence was introduced to deal with cases where a contract was entered into as a result of pressure, but this pressure did not amount to duress. Undue influence can arise where there is a relationship between the parties which has been exploited by one party to gain an unfair advantage. UNDUE INFLUENCE: SUMMARY. • The doctrine of undue influence is used by courts to set aside certain inter vivos gifts/wealth transfers, transactions, and planning and testamentary documents, where, through exertion of the influence of the mind of the donor, the mind falls short of being wholly independent. Broadly speaking, the doctrine of undue influence (‘the doctrine’) is engaged when the court finds that there was an actual (Class 1) or presumed (Class 2) abuse of relational power by a dominant party to induce a weaker-willed party to enter into a transaction, Undue influence is a psychological process that may be used against an older person as a means of committing two forms of elder abuse: financial exploitation or sexual abuse. Undue influence is also a legal . concept. Case law and statutes recognize that undue influence can undermine an individual’s self-determination.

contracts discussed below apply to simple contracts. Definition and requirements of a contract A contract is an agreement between two or more parties which will be enforced by law. As stated earlier, the general law governing the contracts in Sri Lanka is the Roman Dutch law which is the country’s common law. Apart from Roman Dutch law

Undue Influence is defined under Section 16 of the Indian Contract Act 1872 If a contract is entered into by obtaining consent through undue influence the contract is voidable. 1) Meaning of Undue Influence: Influence that prevents someone from exercising an independent judgement with respect to any transaction. 5.3.2 Duress and Undue Influence Lecture. Duress. In the context of contract law, this refers to where a party uses duress against the other party in order for them to enter into a contract which they either do not want to, or where the terms of the contract are unfavourable to them. Duress by threat of violence. Undue influence. Undue influence was introduced to deal with cases where a contract was entered into as a result of pressure, but this pressure did not amount to duress. Undue influence can arise where there is a relationship between the parties which has been exploited by one party to gain an unfair advantage. UNDUE INFLUENCE: SUMMARY. • The doctrine of undue influence is used by courts to set aside certain inter vivos gifts/wealth transfers, transactions, and planning and testamentary documents, where, through exertion of the influence of the mind of the donor, the mind falls short of being wholly independent. Broadly speaking, the doctrine of undue influence (‘the doctrine’) is engaged when the court finds that there was an actual (Class 1) or presumed (Class 2) abuse of relational power by a dominant party to induce a weaker-willed party to enter into a transaction,

contracts discussed below apply to simple contracts. Definition and requirements of a contract A contract is an agreement between two or more parties which will be enforced by law. As stated earlier, the general law governing the contracts in Sri Lanka is the Roman Dutch law which is the country’s common law. Apart from Roman Dutch law

Undue influence. In contract law, a defense that can be used by a party to argue against the formation of a binding contract between two parties. The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by Undue influence in contract law is the inappropriate pressure (or the unlawful intensity of persuasion) applied by a trusted, more powerful party on a trusting, less powerful party to enter into (or refrain from entering into) a legally binding agreement (written or oral) against their will, which falls slightly short of duress. This article is written by Ravi Shankar Pandey, a 1 st-year law student of Dr. Ram Manohar Lohia National Law University, Lucknow.The article mainly discusses Undue Influence along with its types under the Indian Contract Act, 1872.. Introduction. Section 13 of the Indian Contract Act (ICA) defines consent as the meeting of minds of the parties i.e. consensus ad idem (when they are in The relief is the same as duress and undue influence. Undue influence is concerned with impaired consent induced by wrongful conduct. Unconscionable dealing is when the victim's consent is already impaired. Undue influence is usually only claimed in the event that the party is in a relationship wherein another person is able to influence their decisions. Normally undue influence can only be successfully claimed by a minor or an elderly person who has a guardian responsible for overseeing their legal or financial

Undue influence. Undue influence was introduced to deal with cases where a contract was entered into as a result of pressure, but this pressure did not amount to duress. Undue influence can arise where there is a relationship between the parties which has been exploited by one party to gain an unfair advantage.

Undue influence situations are also seen in contract law with documents such as deeds, powers of attorney, and contracts. It may also be present in some criminal cases. In all those situations, courts consider evidence indicating that undue influence may or may not have already happened.

Because of the possibility that a person in such a confidential relationship may dominate the will of another and take unfair advantage of that person, the law presumes that undue influence has occurred if the dominating party obtains any benefit from a contract made with the person alleged to have been unduly influenced. The contract is then voidable and may be set aside unless it can be proven that no such undue influence took place.

5.3.2 Duress and Undue Influence Lecture. Duress. In the context of contract law, this refers to where a party uses duress against the other party in order for them to enter into a contract which they either do not want to, or where the terms of the contract are unfavourable to them. Duress by threat of violence. Undue influence. Undue influence was introduced to deal with cases where a contract was entered into as a result of pressure, but this pressure did not amount to duress. Undue influence can arise where there is a relationship between the parties which has been exploited by one party to gain an unfair advantage. UNDUE INFLUENCE: SUMMARY. • The doctrine of undue influence is used by courts to set aside certain inter vivos gifts/wealth transfers, transactions, and planning and testamentary documents, where, through exertion of the influence of the mind of the donor, the mind falls short of being wholly independent. Broadly speaking, the doctrine of undue influence (‘the doctrine’) is engaged when the court finds that there was an actual (Class 1) or presumed (Class 2) abuse of relational power by a dominant party to induce a weaker-willed party to enter into a transaction, Undue influence is a psychological process that may be used against an older person as a means of committing two forms of elder abuse: financial exploitation or sexual abuse. Undue influence is also a legal . concept. Case law and statutes recognize that undue influence can undermine an individual’s self-determination.

Section 16 of ICA states that ‘a contract is said to be induced by undue influence where the will of the party consenting is able to be dominated by the other one due to the existence of the relation subsisting between them’. One party influence the other while the contract is formed to get an unfair advantage over the other. It further qualifies that a person is able to dominate the will of the other if he: The relief is the same as duress and undue influence. * Undue influence is concerned with impaired consent induced by wrongful conduct. Unconscionable dealing is when the victim's consent is already impaired. Unjust contracts: way to group together stuff. The contract can be set aside by judge made law. It only ever let them set aside a contract for procedural unfairness. This thesis will examine the law of undue influence. It will examine the theoretical basis of undue influence, the general misconceptions in the law, the impact of the Etridge case, and related doctrines of duress and unconscionability. Given the developments in the law due to Etridge, issues regarding simplification of the law will be examined. The three doctrines share much in common, and issues of The law of contract has always placed limits upon the exercise of economic power by contracting parties (see Reiter, 1981). This role has traditionally been played by the doctrines of duress and undue influence, although recent years have also witnessed a (largely abortive) attempt to introduce into the common law a doctrine of inequality of bargaining power. While the English courts appear to have abandoned the attempt to create a doctrine of inequality of bargaining power, the Unfair Terms Because of the possibility that a person in such a confidential relationship may dominate the will of another and take unfair advantage of that person, the law presumes that undue influence has occurred if the dominating party obtains any benefit from a contract made with the person alleged to have been unduly influenced. The contract is then voidable and may be set aside unless it can be proven that no such undue influence took place. contracts discussed below apply to simple contracts. Definition and requirements of a contract A contract is an agreement between two or more parties which will be enforced by law. As stated earlier, the general law governing the contracts in Sri Lanka is the Roman Dutch law which is the country’s common law. Apart from Roman Dutch law In contract law. Where it is established that a plaintiff was induced to enter into a contract or transaction by the undue influence of the defendant, the contract may be rendered voidable. If undue influence is proved in a contract, the innocent party is entitled to set aside the contract against the defendant, and the remedy is rescission. As