Webstroke Law

Barclays Bank v O’Brien [1994]





  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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