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Undue Influence & Unconscionable Transactions
70517 - Equity and Trusts
15 Pages • Topic Notes • Year: Pre-2021
A. Introduction 2 Introduction – What is ‘equitable fraud’? 3 B. Undue Influence- General Principles 3 Basis of jurisdiction is: 4 Undue Influence: Categories 4 1. Actual Undue Influence 4 2. Presumed Actual Undue Influence 5 There are two classes of presumed undue influence: 5 Recognised classes of relationships where influence is presumed; 6 Other relationships proved on the evidence 7 Presumed Actual Undue Influence - Rebutting the presumption 9 Presumed – How to rebut the presumption 9 Undue Influence of Third Parties 9 The Influence of Husbands over Wives - Rule in Yerkey v Jones 10 WIFE’S SPECIAL EQUITY 11 C. Unconscionable Transactions: General Principles 12 Unconscionable dealing/ Transactions: Elements 12 (i) Plaintiff under a ‘special disability’ or ‘special disadvantage’ 12 (ii) Actual or Constructive Knowledge 13 (iii) Exploitation of the Disadvantage 13 Unconscionable Transactions: Rebutting the presumption 13 D. Defences 14 E. Remedies 15 F. Statutory Unconscionability 15
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