Deck 17: Undue Influence

Question 1

Actual undue influence and presumed undue influence do not represent different claims.

Answer 1

True

Question 2

How was the defendant in Williams v Bayley able successfully to establish that the agreement he had entered into with the bank was voidable?

A) The defendant proved that he had not acted as a free and voluntary agent when entering into the agreement..
B) The bank misrepresented the details of the agreement to the defendant.
C) The defendant's son had acted as an agent for the defendant without the latter's knowledge.
D) None of the options provided are correct.

Answer 2

A

Question 3

Which of the following relationships are automatically treated by the law as being ones of trust and confidence? Please select all that apply.

A) Parent and child
B) Teacher and student
C) Husband and wife
D) Solicitor and client

Answer 3

A,D

Question 4

To rebut a presumption of undue influence, a defendant must prove beyond all reasonable doubt that the claimant entered into the transaction of her own free will and not as a result of the defendant's influence.

Question 5

Barbara agrees to act as a guarantor of her wife Hannah's debts to Woodlands Bank. Woodlands Bank is put on inquiry about undue influence. How can Woodlands Bank ensure that Barbara had provided her free and fully informed consent to the transaction such that it will not be rendered voidable for undue influence?

A) Woodlands Bank must ascertain that Barbara has received advice from a solicitor who can explain the implications of being a guarantor.
B) Woodlands Bank must give Barbara's solicitor the full details of the transaction as well as its opinion of the relationship between Barbara and Hannah.
C) Woodlands Bank must receive written confirmation from Barbara's solicitor that the solicitor has explained to her the full implications of being a guarantor.
D) All the options provided are correct.

Question 6

Consumers are protected from undue influence under the Consumer Protection from Unfair Trading Regulations 2008, but the scope of undue influence under the Regulations is narrower in scope than that at common law.