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Duress, Undue Influence and Unconscionable Dealing
Duress, Undue Influence and Unconscionable Dealing
3rd Edition
Series:  Contract Law Library
Practice Area:  Contract Law
ISBN:  9780414065802
Published by:  Sweet & Maxwell
Publication Date:  17 Dec 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION
Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable.
Duress deals with circumstances where the complainant’s consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.
Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an improper manner to procure the consent of the other person to enter into a contract.
The related, but distinct, doctrine of abuse of confidence applies where a fiduciary enters into a contract with his/her principal. The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of their principal’s interests.
Unconscionable dealing is concerned with cases where at the time of concluding a contract one party (the weaker party) was under some special disability, such as poverty, ignorance, illness, necessity, intoxication, and the other party took unconscientious advantage of the circumstances of the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.



Key features:
  • Provides comprehensive information on all aspects of duress, undue influence (including probate undue influence), abuse of confidence and unconscionable dealing
  • Covers recent developments and case law relating to these areas including Commonwealth cases
  • Helps you deal with problems arising from disputes
  • Gives a detailed explanation of the general principles
  • Explains the remedies and defences available
  • Examines the different types of duress including duress of the person, duress of goods and economic duress
  • It includes a comparative analysis of the approach in other jurisdictions, particularly Australia, Canadian provinces, New Zealand and Scotland.
  • Gives examples of how duress, undue influence and unconscionable dealing cases work in practice
  • Takes you through the detailed steps that should be taken by a bank in cases of non-commercial guarantees where there is a risk of third party duress, undue influence, or misrepresentation.
CONTENTS
  • 1 General Introduction;
PART I DURESS;
  • 2 The Nature of Duress;
  • 3 Is the Pressure Illegitimate?;
  • 4 Causation;
  • 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 The First Requirement: A Relationship of Influence;
  • 11 The Second Requirement: 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 Special Disadvantage;
  • 17 Impropriety in the Stronger Party’s Conduct;
  • 18 Transactional Imbalance;
  • 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 The Doctrine of Notice;
  • 24 Constructive Notice: When is a Party Put on Inquiry?;
  • 25 Constructive Notice: Steps to be Taken by the Creditor;
  • 26 The Experience in Australia and Scotland;
PART V REMEDIES AND DEFENCES;
  • 27 Introduction to Part V;
  • 28 Remedies;
  • 29 Equitable Defences
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