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Unformatted text preview: party is guilty of undue influence until he/she proves there was no influence: Lawyer/client Accountant/client Realtor/client Broker/client Financial advisor/client Trustee/beneficiary Doctor/patient Teacher/student Good idea to have them initial clause that advises them to seek independent counsel. Duress : actual or threat physical violence or imprisonment (can be psychological imprisonment) Byle (mum & dad) vs. Byle (son) 78 years old and sick, only asset is house Unconscionability : undue influence, inequality of parties, conscious abuse of that power by the stronger party to create an improvident (unwise) contract Buckwold London Carpets Ltd: Mr & Mrs S are sole shareholders London Carpet Ltd Buckwold Mr Mrs S Standard commercial pressure Mr S was not robbed of her free will judge ruled...
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at UBC.
- Spring '10