I The legal issue in this case is to determine ........ ISSUE 2 marks The issue in this case is whether there has been real consent because of undue influence by the lawyer R " Person uses their influence over another to force other party to enter contract RULE/LAW 2 marks " Fiduciary relationship " In 'special relationships' recognised by common law; undue influence presumed 'other relationships' - defendant's influence is so strong that it made the other person incapable of deciding whether the contract was in their best interest " Voidable at the option of injured party Action must be started within a reasonable time Johnson v. Buttress [1936] 56 CLR 113 (on appeal) Allcard v Skinner (1887) Undue influence may arise from three scenarios: - Actual undue influence; or -Presumed undue influence due to a recognized relationship; or - Presumed undue influence where a relationship of trust and confidence exists