CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

The relevant sections of the act read as follows: 1 (1) Subject to the provisions of the Act, a person who is not a party to a c ...

long period of time. The act should prevent injustice in individual circumstances, such as Beswick. It should also avoid attempt ...

tuning. The doctrine of privity has relaxed enough to ensure that justice is achieved but remains unshaken as a foundation of th ...

Part (b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be e ...

...

Part 3 Vitiating factors That’s not fair – I was pushed into the agreement! We have seen from Part 1 of the book that provided t ...

Undue influence – plain unfair pressure Undue influence is any other unfair pressure placed on one party by another to enter int ...

10 Duress and undue influence If a contract is formed correctly, containing all the necessary elements to make it valid, but is ...

The following case is a more recent example of threats to the person, and it is clear that this particular threat need not be th ...

circumstances amount to duress, and suggestions were made of likely situations, such as the threat to burn down a house, or to s ...

These factors were repeated in the recent case of DSND Subsea Ltd v Petroleum Geo Services ASA (2000). Nevertheless, where the t ...

This shows that it is the scale of operation, rather than the actual amount at stake, which is significant, as Kafco was a small ...

such circumstances is ‘set aside’. This really means that the contract is voidable, rather than void, which means that, for exam ...

of trust). The law does not say that one person necessarily has taken advantage of the other, or has exploited the relationship, ...

Rebutting the presumption When a fiduciary relationship is found to exist, undue influence is presumed to have arisen. In order ...

void, which means that it may be set aside. The right to rescission may be barred by: affirmation restitution impossible (altho ...

This case obviously worried banks generally, as a large part of their business involves loans such as this. Further advice was t ...

the transaction must be actually disadvantageous to the weaker party (this was a new requirement). Here the Morgans had asked ...

Following this case, some questions remain open. For example, just how far must a bank go in ensuring that independent advice is ...

Banks should, then, take certain steps to ensure that the wife is fully in the picture. They should not just advise her to obta ...