Search results
Mar 21, 2024 · Undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the...
May 15, 2019 · What is undue influence? Section 16 of ICA states that ‘a contract is said to be induced by undue influence where the will of the party consenting is able to be dominated by the other one due to the existence of the relation subsisting between them’.
May 7, 2020 · Where consent to an agreement is caused by undue influence (defined in section 16), the agreement becomes a contract voidable at the option of the party whose consent was so caused, under section 19A of the Indian Contract Act, 1872.
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. [1] [2] It is a legal term and the strict definition varies by jurisdiction.
Sep 16, 2022 · Contracts with a party whose mental ability is temporarily or permanently impaired owing to a disease, old age, or mental suffering. The defendant, or the person who was in a position to control the other party's will, has the duty of proving that the contract was not impacted by undue influence.
The Requirements. To establish the defence of undue influence, the claimant must establish that: They were influenced to enter into the contract (or give the gift) by the defendant; and. The influence exercised by the defendant was ‘undue’.
Undue influence is similar to duress in nature, but the doctrine of undue influence is an equitable doctrine as opposed to the common law basis of duress. The key differing factor is the duress is based on a threat, whilst undue influence will be based on a relationship that has been exploited. The types of undue influence
In contract law, a defense that can be used by a party to argue against the formation of a binding contract between two parties. The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.
Undue influence is the equitable concept which supplements the common law vitiating factor of duress. It operates largely through the application of presumptions. The following aspects are discussed in this chapter: The underlying principles. When does influence become ‘undue’?
The meaning of UNDUE INFLUENCE is improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own.
