Question
With respect to undue influence, you are required to critically discuss at least ONE case as per the following issues; 1.Actual undue influence 2.Presumed undue
With respect to undue influence, you are required to critically discuss at least ONE case as per the following issues;
1.Actual undue influence
2.Presumed undue influence- a relationship which in law gives rise to a presumption such as; solicitor/client.
3.Presumed undue influence- trust and confidence in another such as employee/employer.
4.Can undue influence be Rebutted?
You are required to in relations to items 1-4 above;
A summary of the case, inclusive of the various courts the matter was deliberated, the decisions of those courts, for example the High Court, Court of Appeal and or the Privy Council
The cases are
- Barclays Bank plc v O'Brien [1994] 1 AC 180
- National Westminster Bank plc v Morgan [1985] AC 686, 707)
- Padden v Bevan Ashford Solicitors [2011] EWCA Civ 1616
- Inche Noriah v Shaik Allie Bin Omar [1929] AC 127, 135
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