Essay On Undue Influence

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Central issues of undue influence that has caused problems in recent years are- (1) “The Undue Influence which courts of equity endeavor to defeat is the undue influence of one person over another, not the influence of the enthusiasm on the enthusiast who is carried away by it, unless indeed such enthusiasm is itself the result of external undue influence. But the influence of one mind over another is very subtle and of all influences religious influences are the most dangerous and the most powerful.” (2) Actual Undue Influence has numerous similarities with normal law pressure. It by and large comprises a use of illegitimate force yet would seem to the extent of wrongdoing, for example, overreaching and cheating (3) Cases of presumed undue impact are hard to classify. The crucial idea is one party has exploited relationship of trust and confidence to the significant detriment of the party who has rested the trust and confidence in him. The courts have encountered numerous troubles in recognizing the circumstances which have the impact of setting off the effect of presumption (4) The courts have for the most part been reluctant to attempt an extensive meaning of undue influence. They have a tendency to stress on the truths and circumstances of the individual case. Thus relationships are infinitely various and…show more content…
The first group of cases in which equity gave relief on the ground of undue influence are those in which one party has induced the other to enter into transaction by actual pressure which equity regarded as improper but which was formerly thought not to amount to duress at common law because no element of violence to the person was involved. The party who claims relief on the ground of actual undue influence must show that such influence existed and had been exercised i.e. that he had no means of forming an independent judgement and that the transaction resulted from that

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