Found inside – Page 148There are two types of undue influence: Class 1 (actual undue influence) and Class 2 (presumed undue influence). ❖ Class 2 is further subdivided into Class ... Found inside – Page 2041Undue influence is an equitable doctrine which provides relief from contracts ... [1994] 1 AC 180 approved a classification of types of undue influence put ... Found inside – Page 577... may be ordered on a number of grounds, including mistake and undue influence. ... Undue influence is a ground for rescinding many types of transaction, ... Found inside – Page 72015.2.1. Types. of. undue. influence. The traditional classification of cases of undue influence was summarized by Lord BrowneWilkinson in Barclays Bank plc ... Found inside – Page 528Thus, cases of presumed undue influence are of two types. The distinction is that, in the first category of 'protected' relationships, the influence is ... Found inside – Page 223Undue influence is an equitable doctrine with contextual links to the common law ... of influence may arise automatically in the case of certain types of ... Found inside – Page 361A distinction is drawn between situations within the categories of presumed undue influence and other situations where undue influence takes place. Found inside – Page 147The second category of cases falls under the heading of presumed undue influence. This arises when the parties have the type of pre-existing relationship in ... Found inside – Page 101Actual undue influence is closely related to duress. ... The second type of case is where the court is satisfied that a proven relationship of influence ... Found inside – Page 67By posing the problem of individual freedom and condemning some of the subtler forms of compulsion, the undue influence cases suggested to many courts a new ... Found inside – Page 359Early cases drew a distinction between two sub-categories of type 2 undue influence: Class 2A and Class 2B. Under Class 2A, certain relationships were ... Found inside – Page 259Who has the burden of proof on the issue of undue influence? 3. Both direct and circumstantial evidence may be used to establish undue influence. Which type ... Found inside – Page 89Type and tokens of modifiers on influence in expressed forms in the BNC Negative types Tokens N 1 . * of undue influence 29 2 . * the undue influence 23 3 . Found inside – Page 597Undue influence is an equitable doctrine that provides relief from ... approved a classification of types of undue influence put forward by the Court ... Found inside – Page 134There are two types of undue influence – 'actual' and 'presumed'. Actual undue influence requires evidence of influence being used at the time of the ... Found inside – Page 629Principles text* Factor Relevant authorities Actual undue influence Short ... Traditionally, there are two categories of undue influence: actual and ... Found insideFoy [2009] EWHC 1076 (Ch) describes the categories of undue influence as 'no more than different ways ofproving the same thing' (at [100]). Found inside – Page 173This would again be very similar to the above-mentioned definition of 'exploitation' provided in chapter two.162 Of the two types of undue influence ... Found inside – Page 29For decades, the United States had two types of banks, those nationally chartered and those state chartered, whose licenses were granted by the state in ... In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. This book is based on documents leaked by concerned environmentalists. Found inside – Page 326Undue influence has on the other hand been classed as “ a species of fraud . ... It must be admitted that while certain types of constructive fraud can be distinguished clearly from undue influence , there are other forms of constructive fraud ... Found inside230 It was in any case already clear from CIBC Mortgages Ltd v Pitt that notice is a vital factor in all types of undue influence including Class 1 or ... Found inside – Page 209If undue influence (and notice in the case of third party undue influence) is ... If so, you simply need to establish the undue influence—and its type—with ... Found inside – Page 201The basis of both duress and undue influence is that one of the parties gave no real consent to ... Traditionally, two types of undue influence developed: ... Found inside – Page 60THE SIGNIFICANT DIFFERENCE BETWEEN ACTUAL AND PRESUMED UNDUE INFLUENCE In ... the traditional division of undue influence into two types.70 Lords Hobhouse ... Found inside – Page 1092Having identified the types of undue influence, then note the effect on the burden of proof. There are two courses of action open to Marjorie and each will ... Found inside – Page 289It sets aside transactions obtained by the exercise of undue influence because ... 4.5 The types of relationship giving rise to undue influence 4.5.1 The ... Found inside – Page 210This understanding of undue influence may also be relevant to situations where one ... Other types of undue influence could include limiting or increasing ... Found insideThere are two further types of presumed undue influence: Class 2A covers specificrelationships, for example solicitor and client, medical adviser andpatient ... Found inside – Page 342The doctrine has been divided into two categories—actual and presumed undue influence.10 Under actual undue influence, the complainant must 'prove ... Found inside – Page 119Where a contract is entered into as a result of undue influence, it is voidable by ... undue influence will be presumed in certain types of relationship, ... Found inside – Page 219Table 10.1 Types of undue influence Actual undue influence Claimant has to actually prove that undue influence was exercised at the time of the transaction ... Found inside – Page 418162 This seems to have led some to assume that there are now three types of undue influence: actual, presumed and relational (a species of actual undue ... Found insideClass 2: presumed undue influence Claimant must prove that there was a ... Applying the law and, if so, what type of undue influence applies: 1. Found inside – Page 392In Barclays Bank plc v O'Brien (1993) these two types ofpresumed undue influence were identified as type 2A and type 2B. This must now be considered further ... Found inside – Page 711subject of private bargaining , as can other types of civil litigation . ... But without direct appeal to the doctrine of undue influence , it is possible to say as several courts have done that the use of this type of remedy for the securing of private ... Found inside – Page 216If undue influence (and notice in the case of third party undue influence) ... need to establish the undue influence—and its type—with supporting authority, ... Found inside – Page 511categories. of. undue. influence. The House of Lords considered the Aboody classification of undue influence (Class 1, 2(A), 2(B)) and unanimously rejected ... Found inside – Page 37219.10. Types. of. undue. influence. Influence is not objectionable as such. It is just part of everyday life and an inevitable feature of many transactions. Found inside – Page 197Presumed undue influence 12.62 There are two distinct types of presumed undue influence. The distinction between them is that the first—type 2A—involves two ... Found inside – Page 421Undue influence appears to be based on a taking advantage of a ... approved a classification of types of undue influence put forward by the Court of Appeal ... Found insideAny type of misrepresentation will suffice, be it an innocent, negligent or ... There are two types of undue influence—actual undue influence and presumed ... Found inside – Page 306The challenge usually has been made by wives claiming undue influence by their husbands ... Within presumed or relational undue influence, certain types of ... Found inside – Page 174The Court of Appeal utilizes a classification of types of undue influence ( Bank of Credit and Commerce International S.A. v . Aboody , ( C.A. 1990 ) Q.B. ... Found insidehand, that there was no undue influence but, on the other hand, ... of proving undue influence and are not referring to different types of undue influence. Found inside – Page 262Actual undue influence is not dependent upon the existence of a particular ... presumed undue influence was divided into two types, namely Type 2A and Type ... 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