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Duress And Undue Influence Notes

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Duress And Undue Influence Notes

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6 Pages Partial Study Notes > 2 Years old
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Duress And Undue Influence Notes
Topics this document covers:
Contract law Law Common law Private law Unconscionability in English law Duress in American law Undue influence Unconscionability Contract Barton v Armstrong Void Fiduciary
This is a Partial Set of Study Notes

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Topics this document covers:
Contract law Law Common law Private law Unconscionability in English law Duress in American law Undue influence Unconscionability Contract Barton v Armstrong Void Fiduciary
Sample Text:
However improvident, unreasonable or unjust such bargains or dispositions may be, they are binding on every party to them unless he can prove affirmatively the existence of one of the recognised invalidating circumstances.' Allcard v Skinner (per Lindley LJ at 182): `... to protect people from being forced , tricked or misled in any way by others into parting with their property is one of the most legitimate object of all laws; and the equitable doctrine of undue influence has grown out of and been developed by the necessity of grappling with insidious forms of spiritual tyranny and with infinite varieties of fraud.' (Note that more than one vitiating factor may apply at the one time in the same case.) Definition of duress: `I...
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