Undue Influence Notes

Decent Essays
Since the doctrine of undue influence is under the court of equity , it derives from different other doctrines that gives it's classification a wide variation from case to case. Thus , it shouldn't be limited a scope of criteria. The criteria shown is only to describe the possibilities of the decisions and distinguishing the doctrine from others , but shouldn't be a consistent set of rules that defines what it exactly it should be in every case and how it should be applied in every case. operates to release parties from contracts that they have entered into as a result of being 'influenced' by the other party. - 754 - Lord Nicholls of Birkenhead : ' If the intention was produced by an unacceptable means , the law will permit the…show more content…
If it is treated as a flexible equitable doctrine used to do justice in the particular case, then it may achieve that end in cases decided by the courts, but at the price of commercial uncertainty on the taking of security. If, on the other hand, undue influence is explained as a set of rules to be followed for security to be unimpeachable, then this will produce commercial certainty for lenders, but at the price of injustice in particular cases where the rules are followed, and the transaction is actually flawed. - one of the articles *The word “undue” is ambiguous. To say of a mother that she is unduly protective of her children or of a father that he is unduly anxious about their success means no more than in American English is signified by “overly”.
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