There Are Traditionally Said to Be Two Categories of Undue

Multiple Choice

There are traditionally said to be two categories of undue influence: actual undue influence and presumed undue influence. In Royal Bank of Scotland plc v. Etridge (No 2) (2001) , the House of Lords stressed that too much emphasis should not be put on this distinction. Rather, there is only one category of undue influence, although it can be proved in different ways: either by positive proof (undue influence by overt pressure) or by inference from other evidence raising an evidential presumption of undue influence (undue influence by omission) . To succeed in a claim in the former case (undue influence by persuasion) , what must the claimant be able to show?

A) That the defendant failed to protect the complainant's interests by overtly exploiting her influence over her.
B) The existence of a relationship of influence between the parties.
C) That the resulting transaction was manifestly disadvantageous for the complainant.
D) All of the options given are correct.