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Vol 23 No 10 Oct/Nov 2018

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Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Duress, Undue Influence and Unconscionable Dealings 3rd ed

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ISBN13: 9780414065802
Previous Edition ISBN: 9781847038036
To be Published: December 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £249.00



Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides an account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by some form of pressure which the law considers unacceptable.

Duress deals with circumstances where the complainant’s consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.

Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an unacceptable manner to procure the consent of the other person to enter into a contract.

Unconscionable dealing is concerned with cases where one party is suffering from some special disability, such as poverty, ignorance, illness, necessity, intoxication, (the weaker party) and the other party (the stronger party) makes an unconscientious use of his position of power to impose terms which are unfair to the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.

Key features:

  • Provides comprehensive information on all aspects of duress, undue influence and unconscionable dealing
  • Helps you deal with problems arising from disputes
  • Gives a detailed explanation of the general principles
  • Explains the remedies and defences available
  • Examines the different types of duress including duress to the person, duress of goods and economic duress
  • Covers recent developments and case law relating to undue influence, including relevant Supreme Court and Court of Appeal decisions and commonwealth cases
  • It includes a comparative analysis of the approach in other jurisdictions, particularly Australia and Scotland.
  • Gives examples of how duress, undue influence and unconscionable dealing cases work in practice
  • Takes you through the detailed steps that should be taken by a bank where there is a risk of third party undue influence

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Subjects:
Contract Law
Contents:
1. General Introduction;

PART I DURESS;
2. The Nature of Duress;
3. Is the Pressure Illegitimate?;
4. Causation;
5. Types of Duress;

PART II UNDUE INFLUENCE AND ABUSE OF CONFIDENCE;
6. Introduction to Part II;
7. Equitable Undue Influence;
8. Actual Undue Influence;
9. Presumed Undue Influence;
10. The First Requirement: A Relationship of Influence;
11. The Second Requirement: A Transaction that calls for Explanation;
12. Rebutting the Presumption of Undue Influence;
13. Undue Influence in Probate Law;
14. Abuse of Confidence;

PART III UNCONSCIONABLE DEALING;
15. Introduction to Part III;
16. Special Disadvantage;
17. Impropriety in the Stronger Party’s Conduct;
18. Transactional Imbalance;
19. Independent Advice;
20. Scope of Unconscionable Dealing;

PART IV THIRD PARTY'S DURESS, UNDUE INFLUENCE OR UNCONSCIONABLE CONDUCT;
21. Introduction to Part IV;
22. The Doctrine of Agency;
23. The Doctrine of Notice;
24. Constructive Notice: When is a Party Put on Inquiry?;
25. Constructive Notice: Steps to be Taken by the Creditor;
26. The Experience in Australia and Scotland;

PART V REMEDIES AND DEFENCES;
27. Introduction to Part V;
28. Remedies;
29. Equitable Defences

Series: Contract Law Library

Illegality and Public Policy 4th ed ISBN 9780414059443
Published March 2017
Sweet & Maxwell Ltd
£245.00
Misrepresentation, Mistake and Non-Disclosure 4th ed ISBN 9780414057036
Published December 2016
Sweet & Maxwell Ltd
£279.00
Damages for Breach of Contract ISBN 9780414055469
Published November 2016
Sweet & Maxwell Ltd
£229.00
Estoppel by Conduct and Election 2nd ed ISBN 9780414028449
Published February 2016
Sweet & Maxwell Ltd
£229.00
Duress, Undue Influence and Unconscionable Dealings 2nd ed ISBN 9781847038036
Published December 2012
Sweet & Maxwell Ltd
£245.00
The Interpretation of Contracts 4th ed with 1st Supplement ISBN 9780414041295
Published December 2009
Sweet & Maxwell Ltd
Out of print
The Interpretation of Contracts 4th ed ISBN 9781847033550
Published December 2007
Sweet & Maxwell Ltd
Out of print
Estoppel by Conduct and Election ISBN 9780421912106
Published August 2006
Sweet & Maxwell Ltd
Out of print