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.
- 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.