Summary LW4001 Contract Law - Undue Influence

Clear, concise revision notes explaining undue influence as a vitiating factor in contract law. This document provides an accessible and well-structured summary of undue influence, a doctrine that protects parties whose consent has been overborne by pressure, domination, or abuse of trust. These notes explain how undue influence operates to make a contract voidable, and outline the key distinctions, tests, and case authorities you need for exams. Key topics covered include: -The purpose of undue influence in protecting free consent -The difference between actual and presumed undue influence -Relationships that automatically give rise to a presumption of influence (e.g., solicitor–client, doctor–patient, religious adviser–follower) -Cases where the claimant must prove that trust and confidence were abused -Requirements for rebutting the presumption, including independent advice -The role of manifest disadvantage and how modern case law treats it -Third-party cases, such as bank guarantees and the “constructive notice” principle -Remedies, including rescission, and limits on rescission such as affirmation and third-party rights These notes are ideal for students seeking a clear, exam-ready explanation of undue influence, supported by leading cases and easy-to-follow structure.