Principle

EQUITY AND TRUSTS — Undue Influence — Classification — Actual Undue Influence Where Influence Expressly Used by Donee

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

Undue influence has two classes: actual and presumed. The principle applies to gifts and contracts. In actual undue influence, the claimant must prove influence. In presumed undue influence, the burden shifts. The rule protects vulnerable parties. The court will set aside transactions where influence is…

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