Chapter 10 Key debates

Undue influence

The nature of undue influence and whether it is based on the defendant’s wrongdoing or is a ‘claimant-sided doctrine’ (see Birks and Chin, ‘On the Nature of Undue Influence’ in Beatson and Friedmann (eds.), Good Faith and Fault in Contract Law (Oxford University Press, 1995) and Devenney and Chandler, ‘Unconscionability and the Taxonomy of Undue Influence’ [2007] JBL 269).

For a summary of the arguments, see Morgan, Great Debates: Contract Law, 2nd edn (Palgrave, 2015), pp. 205–10.

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