Duress, Undue Influence and Unconscionable Dealing 4th Edition Book + eBook

Duress, Undue Influence and Unconscionable Dealing 4th Edition Book + eBook

eBook + Book bundle

Book+eBook

$810.00* RRP

Dispatched from overseas. Estimated delivery 3-6 weeks.


Date: 31/05/2023

Code: 9780414110571

Sweet & Maxwell, UNITED KINGDOM

eBook+Book Bundle
Buy the Book + eBook bundle and save $474.00. Learn more about Thomson Reuters ProView.

Available Formats

Format Title Date Code Price
eBook - ProView Duress, Undue Influence and Unconscionable Dealing 4th Edition eBook 31/05/2023 9780414110588 $642.00 Add to cart
Book+eBook Best Value Duress, Undue Influence and Unconscionable Dealing 4th Edition Book + eBook 31/05/2023 9780414110571 $810.00 Add to cart
Book Duress, Undue Influence and Unconscionable Dealing 4th Edition 19/01/2021 9780414110557 $642.00 Add to cart

Description

Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds.

Duress
Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure.

Undue Influence
There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases.

Table of Contents

  • 1 General Introduction
PART I DURESS; 
  • 2 The Nature of Duress
  • 3 Is the Pressure Illegitimate?
  • 4 Causation and Absence of Reasonable Alternative
  • 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 Presumed Undue Influence: A Relationship of Influence
  • 11 Presumed Undue Influence: 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 Was the Claimant at a serious Disadvantage?
  • 17 Is the Defendant’s Conduct Unconscionable?
  • 18 Is the Transaction Overreaching and Oppressive?
  • 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 Actual and Constructive Notice
  • 24 Constructive Notice: When is a Party Put on Inquiry?
  • 25 Steps to be Taken by a Creditor Put on Inquiry
  • 26 Comparison with Equivalent Doctrines in Australia and Scotland
PART V REMEDIES AND DEFENCES
  • 27 Introduction to Part V; 
  • 28 Remedies
  • 29 Equitable Defences.

 

*

eBooks and packages including an eBook may not be returned once the software key has been supplied. Your rights as a customer to access and use the ProView™ software and a ProView eBook are subject to acceptance of the ProView content licence agreement.

NB

  • An email with a registration key and instructions for accessing your eBook will be sent after checkout. For existing ProView users the eBook will appear in your library after checkout.

  • Forthcoming/pre-order eBooks will be available after the publication date.

  • The ProView app is not currently available on Kindle. See the latest system requirements

Got a Promo Code?

Free standard shipping
on all orders
7-10 business day delivery