Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Duress, Undue Influence and Unconscionable Dealings 4th ed (eBook)


ISBN13: 9780414110588
Published: May 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £302.00
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale allowed in
Anguilla, Antigua and Barbuda, Aruba, Austria, Bahamas, Barbados, Belgium, Bermuda, Bulgaria, Cayman Islands, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Finland, France, Germany, Gibraltar, Greece, Grenada, Guadeloupe, Guernsey, Guyana, Haiti, Hungary, Ireland, Italy, Jamaica, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Martinique, Montserrat, Netherlands, Poland, Portugal, Puerto Rico, Romania, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Slovakia, Slovenia, Spain, Sweden, Trinidad and Tobago, Turks and Caicos Islands, United Kingdom, Virgin Islands (British), Virgin Islands (U.S.)

Sorry, due to territorial restrictions applied by the publisher we are unable to supply this eBook to United States.



Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds.

Duress
Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure.

Undue Influence
There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence.

Abuse of Confidence
The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client).

Unconscionable dealing
Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party (“the stronger party”) in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party.

Features:

  • Provides comprehensive information on all aspects of duress, undue influence and unconscionable dealing and abuse of confidence.
  • Helps you deal with problems arising from a range of contractual disputes.
  • Explains the remedies and defences available in the context of the doctrines examined in this work. Examines the different types of duress including duress to the person, duress of goods and economic duress.
  • Covers recent developments and case law relating to undue influence, including relevant Supreme Court and Court of Appeal decisions and commonwealth cases
  • Includes a comparative analysis of the approach in other jurisdictions, including Australia, Canada, Hong Kong, Ireland, New Zealand, Scotland and Singapore.
  • Gives examples of how duress, undue influence, abuse of confidence and unconscionable dealing cases work in practice.
  • In the context of third party undue influence or misrepresentation, where the loan is to a company,provides a critical examination of the circumstances where the bank may not be put on inquiry.
  • Takes you through the detailed steps that a bank that is put on inquiry is required to take to avoid being fixed with constructive notice.

  • Subjects:
    Contract Law, eBooks
    Contents:
    1. General Introduction
    PART I DURESS;
    2. The Nature of Duress
    3. Is the Pressure Illegitimate?
    4. Causation and Absence of Reasonable Alternative
    5. Types of Duress
    PART II UNDUE INFLUENCE AND ABUSE OF CONFIDENCE;
    6. Introduction to Part II
    7. Equitable Undue Influence
    8. Actual Undue Influence
    9. Presumed Undue Influence
    10. Presumed Undue Influence: A Relationship of Influence
    11. Presumed Undue Influence: A Transaction that calls for Explanation
    12. Rebutting the Presumption of Undue Influence
    13. Undue Influence in Probate Law
    14. Abuse of Confidence
    PART III UNCONSCIONABLE DEALING
    15. Introduction to Part III
    16. Was the Claimant at a serious Disadvantage?
    17. Is the Defendant’s Conduct Unconscionable?
    18. Is the Transaction Overreaching and Oppressive?
    19. Independent Advice
    20. Scope of Unconscionable Dealing
    PART IV THIRD PARTY'S DURESS, UNDUE INFLUENCE OR UNCONSCIONABLE CONDUCT
    21. Introduction to Part IV
    22. The Doctrine of Agency
    23. Actual and Constructive Notice
    24. Constructive Notice: When is a Party Put on Inquiry?
    25. Steps to be Taken by a Creditor Put on Inquiry
    26. Comparison with Equivalent Doctrines in Australia and Scotland
    PART V REMEDIES AND DEFENCES
    27. Introduction to Part V;
    28. Remedies
    29. Equitable Defences.

    Series: Contract Law Library

    £245.00
    £245.00
    (ProView)
    Pre‑Order
    Illegality and Public Policy 6th ed (eBook) ISBN 9780414114494
    Published September 2023
    Sweet & Maxwell Ltd
    £269.00
    (ProView)
    Buy
    Illegality and Public Policy 6th ed (Book & eBook Pack) ISBN 9780414114487
    Published September 2023
    Sweet & Maxwell Ltd
    £349.00
    (ProView)
    Buy
    Illegality and Public Policy 6th ed ISBN 9780414114470
    Published September 2023
    Sweet & Maxwell Ltd
    £269.00
    Estoppel by Conduct and Election 3rd ed (eBook) ISBN 9780414114029
    Published June 2023
    Sweet & Maxwell Ltd
    £269.00
    (ProView)
    Buy
    Estoppel by Conduct and Election 3rd ed ISBN 9780414114005
    Published June 2023
    Sweet & Maxwell Ltd
    £269.00
    Estoppel by Conduct and Election 3rd ed (Book & eBook Pack) ISBN 9780414114012
    Published June 2023
    Sweet & Maxwell Ltd
    £349.00
    (ProView)
    Buy
    Duress, Undue Influence and Unconscionable Dealings 4th ed ISBN 9780414110557
    Published May 2023
    Sweet & Maxwell Ltd
    £302.00
    £392.00
    (ProView)
    Buy
    Damages for Breach of Contract 2nd ed (eBook) ISBN 9780414110892
    Published November 2022
    Sweet & Maxwell Ltd
    £281.00
    (ProView)
    Buy
    Damages for Breach of Contract 2nd ed (Book & eBook Pack) ISBN 9780414110885
    Published November 2022
    Sweet & Maxwell Ltd
    £365.00
    (ProView)
    Buy
    Damages for Breach of Contract 2nd ed ISBN 9780414110878
    Published November 2022
    Sweet & Maxwell Ltd
    £281.00
    Misrepresentation, Mistake and Non-Disclosure 6th ed (eBook) ISBN 9780414089259
    Published August 2022
    Sweet & Maxwell Ltd
    £365.00
    (ProView)
    Buy
    Misrepresentation, Mistake and Non-Disclosure 6th ed (Book & eBook Pack) ISBN 9780414089242
    Published August 2022
    Sweet & Maxwell Ltd
    £474.00
    (ProView)
    Buy
    Misrepresentation, Mistake and Non-Disclosure 6th ed ISBN 9780414089235
    Published August 2022
    Sweet & Maxwell Ltd
    £365.00
    Frustration and Force Majeure 4th ed (eBook) ISBN 9780414098589
    Published December 2021
    Sweet & Maxwell Ltd
    £332.00
    (ProView)
    Buy
    Frustration and Force Majeure 4th ed (Book & eBook Pack) ISBN 9780414098572
    Published December 2021
    Sweet & Maxwell Ltd
    £433.00
    (ProView)
    Buy
    Frustration and Force Majeure 4th ed ISBN 9780414098558
    Published December 2021
    Sweet & Maxwell Ltd
    £332.00
    Duress, Undue Influence and Unconscionable Dealings 3rd ed with 1st Supplement ISBN 9780414084049
    Published January 2021
    Sweet & Maxwell Ltd
    £366.00
    Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement ISBN 9780414082090
    Published January 2021
    Sweet & Maxwell Ltd
    Out of print
    Illegality and Public Policy 5th ed (Book & eBook Pack) ISBN 9780414081413
    Published September 2020
    Sweet & Maxwell Ltd
    Out of print
    Illegality and Public Policy 5th ed (eBook) ISBN 9780414081420
    Published September 2020
    Sweet & Maxwell Ltd
    Out of print
    Illegality and Public Policy 5th ed ISBN 9780414078482
    Published September 2020
    Sweet & Maxwell Ltd
    Out of print
    Misrepresentation, Mistake and Non-Disclosure 5th ed (eBook) ISBN 9780414075955
    Published November 2019
    Sweet & Maxwell Ltd
    Out of print
    Misrepresentation, Mistake and Non-Disclosure 5th ed (Book & eBook Pack) ISBN 9780414075948
    Published November 2019
    Sweet & Maxwell Ltd
    Out of print
    Misrepresentation, Mistake and Non-Disclosure 5th ed ISBN 9780414071186
    Published November 2019
    Sweet & Maxwell Ltd
    Out of print
    Duress, Undue Influence and Unconscionable Dealings 3rd ed ISBN 9780414065802
    Published December 2018
    Sweet & Maxwell Ltd
    Out of print
    Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
    Published December 2016
    Sweet & Maxwell Ltd
    Out of print
    Damages for Breach of Contract ISBN 9780414055469
    Published November 2016
    Sweet & Maxwell Ltd
    Out of print
    Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
    Published February 2016
    Sweet & Maxwell Ltd
    Out of print
    £269.00
    (ProView)
    Buy
    Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
    Published December 2012
    Sweet & Maxwell Ltd
    Out of print
    The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
    Published December 2009
    Sweet & Maxwell Ltd
    Out of print
    The Interpretation of Contracts 4th ed ISBN 9781847033550
    Published December 2007
    Sweet & Maxwell Ltd
    Out of print
    Estoppel by Conduct and Election ISBN 9780421912106
    Published August 2006
    Sweet & Maxwell Ltd
    Out of print
    Publication Abandoned