Accg614 - week3

E internaonal trip bojczuk v gregorcewics benecial

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Unformatted text preview: on of the injured party (Barton v. Armstrong (1973)). 23 Types of Duress Duress To the person To goods Economic duress (Actual or threatened violence to immediate family) (Threat against goods or property) (Economic pressure to gain a benefit not in contract 24 Undue Influence •  Involves the improper use of a posi=on of influence or power possessed by one person over another in order to INDUCE that other person to act for their benefit. •  Lack of GENUINE CONSENT to the agreement. •  Usual remedy is Rescission. •  Ac=on must commence within a reasonable =me or right to rescission may be lost (Allcard v. Skinner (1887)). 25 Types of Undue Influence Where a ‘special rela=onship’ is presumed to exist: •  The defendant stands in an unequal rela=onship to the plain=ff in a rela=onship of influence or confidence, eg doc...
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This document was uploaded on 04/01/2014.

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