StudyXY
RegisterLog in

Undue Influence in Contract Law Key Cases and Clas

This summary explores undue influence in contract law, distinguishing between actual and presumed influence. It analyzes leading cases, legal principles, classifications (Class 1, 2A, 2B) the requirement of manifest disadvantage in equitable claims.

Mason Bennett
Contributor
4.2
40
4 months ago
Preview (3 of 8 Pages)
100%
Purchase to unlock

Page 1

Undue Influence in Contract Law Key Cases and Clas - Page 1 preview image

Loading page ...

Raghunath Prasad v Sarju Prasad1Raghunath Prasad v Sarju PrasadIssueWhether the contract between the parties is induced by undue influence?Facts:The dispute involved joint family property owners, Raghunath Prasad andhis son Sarju Prasad. The latter, facing legal issues, mortgagedproperties to his father, borrowing ten thousand rupees at 24%compound interest. Alleging undue influence, Sarju Prasad contendedthat exorbitant interest rates took advantage of his mental distress.Held ( -ve )The Court held that the plaintiff was unable to prove that the defendantdominated his position, and the contract was induced by the undueinfluenced. Hence, the conditions of the three steps process are notfulfdled.Tj2£ a?¥?iinterestratefi’o mdate of the execution.Thus, essentially, three things/steps:1. In a position to dominate2. Uses that position to obtain contract3. The burden of proving it was not undue influence falls on the oneaccused of it* "In a position to dominate---------" has been categorised into----------two .

Page 2

Page 3

Preview Mode

This document has 8 pages. Sign in to access the full document!

Study Now!

XY-Copilot AI
Unlimited Access
Secure Payment
Instant Access
24/7 Support
Document Chat

Document Details

Subject
Civil Law

Related Documents

View all
Past Exams

Property Law Drill 1 Ownership, Property Types, an

This drill covers core property law concepts in the Philippines, including land ownership limits for foreign corporations, types of property, fixtures, forms of ownership like fee simple, and conditional titles under property law.

Past Exams

Property Law Drill 4 Marital Property, Land Owners

This assessment reviews key principles of Philippine property law, including marital property regimes, land ownership rules, foreign ownership limits, the Regalian doctrine, state powers like eminent domain, inheritance rights illegitimate children.

Past Exams

Property Law Drill Ownership, Family Code, and Sta

This reviewer covers key property law concepts in the Philippines, including land ownership under the Constitution, foreign ownership limits, family property relations, state powers like eminent domain and police power, and inheritance rights.

Class Notes

Case Analysis of Soji and Parental Duty

This case study analyzes Soji’s liability for negligence using the Anns/Cooper test. It explores duty of care, breach, causation, and damages resulting from her failure to supervise her child, leading to property loss at Mackenzie’s Game Store.

Class Notes

Assessment 2 Job Hazard Analysis JHA

This Job Hazard Analysis outlines safety protocols, risk assessments, hazard controls, and PPE requirements for erecting and dismantling formwork. It follows WHS legislation and highlights key tools, and responsibilities for safe construction work.

Solved Assignments

Assessment 1 Long Answer Question

This assessment covers WHS compliance, excavation safety, environmental requirements, tools and equipment, trenching techniques, utility identification, and drainage methods, aligning with vocational standards for hand excavation in construction.

Class Notes

Introduction to Law and Key Concepts and Principle

This guide explores core legal principles in Australia, including sources of law, legislative processes, case law, constitutional structure, Indigenous law the doctrine of parliamentary sovereignty with a focus on Queensland and federal institutions.

Solved Assignments

CIV 3702 Assignment 1

This assignment explores civil procedure in South Africa, covering court jurisdiction, reform methods, doctrines, litigation steps, and trial processes. It includes case analysis, procedural rules, and the application of legal principles.

Solved Assignments

Final Project Milestone One Malpractice Case

This case study analyzes the Popovich v. Allina Health System malpractice case, focusing on standard of care, vicarious liability, and the role of independent contractors in healthcare. It explores legal doctrines and patient safety implications.

Solved Assignments

The Types of Evidence Law

This guide explains Zambia’s Evidence Law, detailing types like circumstantial, documentary, oral, physical, hearsay, and primary vs. secondary evidence, and explores how relevance, materiality, and admissibility shape legal proceedings.