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Equity Exam Notes- WA
145 Pages • Complete Study Notes • Year: Pre-2018
Having executed the document, and not having been induced to do so by fraud, mistake, or misrepresentation, the respondents cannot now be heard to say that they are not bound by the agreement recorded in it.’ o Toll: ‘The representation [of a signed contract] is that the person who signs either has read and approved the contents of the document or is willing to take the chance of being bound by those contents.’ • Can only reverse transactions in extreme cases: o Incapacity, non est factum (not deed of alleged signatory), fraud, mistake, duress. Undue Influence • Undue influence can cause a court to set aside the transaction. o When a stronger party (via confidence, control, domination or influence) is used to influence a weaker party to enter into a transfer of property. • Court’s role is to determine how WP’...
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