Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement

Duress, Undue Influence and Unconscionable Dealings 3rd ed: 1st Supplement
Product ISBN: 9780414082090
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Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable.

The first supplement to the third edition includes fresh commentary and cases covering each chapter of the main work updating the Third Edition to 30 September 2020

1 General Introduction; 

PART I DURESS; 

2 The Nature of Duress; 
3 Is the Pressure Illegitimate?; 
4 Causation; 
5 Types of Duress; 


PART II UNDUE INFLUENCE AND ABUSE OF CONFIDENCE; 

6 Introduction to Part II; 
7 Equitable Undue Influence; 
8 Actual Undue Influence; 
9 Presumed Undue Influence; 
10 The First Requirement: A Relationship of Influence; 
11 The Second Requirement: A Transaction that calls for Explanation; 
12 Rebutting the Presumption of Undue Influence; 
13 Undue Influence in Probate Law; 
14 Abuse of Confidence; 


PART III UNCONSCIONABLE DEALING; 

15 Introduction to Part III; 
16 Special Disadvantage; 
17 Impropriety in the Stronger Party’s Conduct; 
18 Transactional Imbalance; 
19 Independent Advice; 
20 Scope of Unconscionable Dealing; 


PART IV THIRD PARTY'S DURESS, UNDUE INFLUENCE OR UNCONSCIONABLE CONDUCT; 

21 Introduction to Part IV; 
22 The Doctrine of Agency; 
23 The Doctrine of Notice; 
24 Constructive Notice: When is a Party Put on Inquiry?; 
25 Constructive Notice: Steps to be Taken by the Creditor; 
26 The Experience in Australia and Scotland; 


PART V REMEDIES AND DEFENCES; 

27 Introduction to Part V; 
28 Remedies;
29 Equitable Defences