Undue influence
Undue influence
Real World
In Barclays Bank v O'Brien (1994), a wife was persuaded by her husband to charge the family home as security for his business debts without receiving independent legal advice — the bank had constructive notice, making the charge voidable.
Exam Focus
Distinguish actual undue influence (proved directly) from presumed undue influence (arising from the relationship) — examiners award marks for identifying which category applies.
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