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What is Presumed Undue Influence Explained about?

Presumed undue influence occurs when a victim demonstrates a fiduciary relationship with the wrongdoer, shifting the burden of proof to the latter to show that the contract was entered freely. In cases like Lloyds Bank Ltd v Bundy, the court found that the bank failed to fulfill its fiduciary duty by not advising the defendant to seek independent advice, leading to the contract being set aside. Conversely, in National Westminister Bank v Morgan, the court ruled that the transaction was not manifestly disadv

Author

rukundojasper

Language

EN