Author: Professor Nelson Enonchong
Status: Live on Westlaw UK
A part of the Contract Law Library, Duress, Undue Influence and Unconscionable Dealing provides an 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 some form of pressure 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 unacceptable manner to procure the consent of the other person to enter into a contract.
Unconscionable dealing is concerned with cases where one party is suffering from some special disability, such as poverty, ignorance, illness, necessity, intoxication, (the weaker party) and the other party (the stronger party) makes an unconscientious use of his position of power to impose terms which are unfair to 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.
THE 2nd EDITION:
- Provides comprehensive information on all aspects of duress, undue influence and unconscionable dealing
- 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 to the person, duress of goods, economic duress and duress colore officii
- Covers recent developments and case law relating to undue influence, including relevant House of
- Lords and Court of Appeal decisions and commonwealth cases
- 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 where there is a risk of third party undue influence
The latest edition of Duress, Undue Influence and Unconscionable Dealing contains at least 50 new English cases and another 47 new Commonwealth cases.
Included among these are important Privy Council decisions such as Borelli v Ting (2010), and Court of Appeal decisions such as:
– Padden v Bevan Asford Solicitors (2011) (solicitor’s duty in advising a wife who intends to confer a substantial benefit on her husband)
– Royal Bank of Scotland v Chandra (2011) (whether over optimism and exaggeration amounts to undue influence by breach of obligation of candour and fairness)
– Gill v Woodall (2011) (undue influence affecting a will)
– Annulment Funding Co Ltd v Cowey (2010) (breach of obligation of candour and fairness by unwitting misrepresentation)
– Richards v The Law Society (Solicitors Regulation Society) (2009) (abuse of confidence in a transaction between a solicitor and his client)
– Abbey National Bank v. Stringer (2006) (legal charge was unenforceable against a mother because it was obtained by the undue influence of her son)
There are also important High Court decisions such as:
– Davies v AIB Group (UK) Plc (2012) (whether a husband’s undue influence against his wife entitles her to set aside, as against the lender, a personal loan granted to her and her husband jointly)
– Progress Bulk Carriers v Tube City IMS LLC (2012) (economic duress following a breach of contract)
– Mahon v FBN Bank (UK) Ltd (2011) (where a lender fails to take prescribed steps before taking security from a surety wife)
– Kolmar Group AG v Traxpo Enterprises (2010) (economic duress)
–Opel v. Mitras Automative (UK) Ltd (2007), economic duress exercised on an automobile manufacturer by a supplier