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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Duress, Undue Influence and Unconscionable Dealings 2nd ed isbn 9781847038036

Duress, Undue Influence and Unconscionable Dealings

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ISBN13: 9780421770201
ISBN: 0421770201
New Edition ISBN: 9781847038036
Published: January 2006
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Duress, Undue Influence and Unconscionable Dealing provides a detailed explanation of the law along with many examples from case law, so you can see how duress, unconscionable dealing and undue influence disputes have been handled by the courts.

The book examines:-

  • the nature of undue influence
  • actual undue influence
  • presumed undue influence
  • abuse of confidence
  • third party undue influence
It clearly explains the remedies and defences available so you can help resolve disputes that arise in these areas. Duress, Undue Influence and Unconscionable Dealing also provides a detailed explanation of the circumstances when the presumption of undue influence may be raised and how it may be rebutted.

It gives a clear explanation of the circumstances when relief may be available on the ground of third party duress, undue influence or unconscionable dealing.

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Subjects:
Contract Law
Contents:
Duress.
The nature of duress.
Illegitimate pressure.
Compulsion of the will: types of pressure.
Compulsion of the will: proof.
Undue influence and abuse of confidence.
The nature of undue influence.
Actual undue influence.
Presumed undue influence.
Abuse of confidence.
Unconscionable dealing.
Transactions with expectant heirs.
General doctrine of unconscionable dealing.
Special disability.
Impropriety in the defendant's conduct.
Transactional imbalance.
Independent advice.
Scope of the doctrine of unconscionable dealing.
Third party's duress, undue influence or unconsionable conduct.
The doctrine of agency.
The doctrine of notice.
Constructive notice: when is a party put on inquiry?.
Constructive notice: reasonable steps.
Australian and Scottish departures.
Remedies and equitable defences.
Remedies.
Equitable defences.