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.

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.