Duress, Undue Influence and Unconscionable Dealing 4th Edition eBook
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Date: 31/05/2023 Code: 9780414110588 Sweet & Maxwell, UNITED KINGDOM |
Duress, Undue Influence and Unconscionable Dealing 4th Edition eBook
Price: $642.00
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eBook - ProView | Duress, Undue Influence and Unconscionable Dealing 4th Edition eBook | 31/05/2023 | 9780414110588 | $642.00 |
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Duress, Undue Influence and Unconscionable Dealing 4th Edition eBook
Price: $642.00
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Book+eBook Best Value | Duress, Undue Influence and Unconscionable Dealing 4th Edition Book + eBook | 31/05/2023 | 9780414110571 | $810.00 |
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Duress, Undue Influence and Unconscionable Dealing 4th Edition Book + eBook
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Book | Duress, Undue Influence and Unconscionable Dealing 4th Edition | 19/01/2021 | 9780414110557 | $642.00 |
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Duress, Undue Influence and Unconscionable Dealing 4th Edition
Price: $642.00
Dispatched from overseas. Estimated delivery 3-6 weeks.
|
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.
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Table of Contents
- 1 General Introduction
- 2 The Nature of Duress
- 3 Is the Pressure Illegitimate?
- 4 Causation and Absence of Reasonable Alternative
- 5 Types of Duress
- 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
- 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
- 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
- 27 Introduction to Part V;
- 28 Remedies
- 29 Equitable Defences.
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