Webstroke Law

Barclays Bank v O’Brien [1994]

Facts

Issue

Decision

Reasoning

  1. Actual undue influence, where the claimant must prove the the wrongdoer exerted undue influence directly
  2. Presumed undue influence, where there must be shown to have been a relationship of trust and confidence. The defendant must then rebut such a presumption that undue influence was exerted. For presumed undue influence, the relationship may be a given type, such as between a solicitor and a client, but not a husband and wife, or it may be proved on the facts.

Posted in Contract Law Revision Notes.

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