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Unformatted text preview: one of two ways: Where one party dominates (or influences a will of) another; or
Where there is a special relationship between the parties ( Allcard v Skinner (1887) 36 ChD 145) A finding of undue influence will render a contact voidable at the option of the injured party.
There are some relationships that give rise to a presumption of undue influence. Relationships that give rise to the presumption include: parent and child, guardian and ward, solicitor and client, trustee and beneficiary, and doctor and patient. The relationship between spouses is not included in the class of relationships that give rise to the presumption (Yerkey v Jones (1939) 63 CLR 649).
Where there is no such relationship, you may still plead undue influence by virtue of the fact that a relationship involved a high degree of trust and confidence. If you can establish this, then the presumption of influence applies and the onus of disproving abuse of the influence passes to the dominant party. A good example of th...
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This note was uploaded on 04/21/2012 for the course LAW 101 taught by Professor Hicks during the Three '12 term at University of Technology, Sydney.
- Three '12