Undue influence introduction: pressured to enter into contract by the influence of the other ( indirect force, there is no violence act, no one put guns on head, someone with position or authority relationship to manipulate you.
In a position to dominate the will of the other6 and unfair advantage7 upon establishing these two elements, the onus of proof then shifts to the party accused8 according to poosathurai v kannappa chettiar and others9, the party alleging must show that the influence was undue and unconscionable.
The doctrine of ‘undue influence’ is a development of equity to cover cases of particular relations and is sometimes used as a comprehensive phrase to include cases of coercion, domination or pressure within or without those special relations. Undue influence (malaysia) essay undue influence is distinguishable from duress, in that undue influence is a more subtle domination of the grantor's will, especially by one who stands in a relation of confidence with the grantor[7.
Undue influence 15/11/2005 the star articles of law with bhag singh the existence of undue influence in the formation of a contract can lead to its being flouted by the party who claims to have been influenced to agree to it. Home malaysia law acts malaysian contracts act, 1950 section 16 of malaysian contracts act, 1950 section 16 of malaysian contracts act, 1950 deals with undue influence this is a transaction in the ordinary course of business, and the contract is not induced by undue influence. In malaysia, our contract law is basically governed and enforced by the contract act 1950 undue influence in section 16 of contract act 1950 is said to exist when “the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair. Undue influence (malaysia) 3515 words | 15 pages voidable contracts coercion undue influence fraud misrepresentation mistake prepared by: teh guan hong gm04795 nur syahirah binti husaini gm04674 sameena binti siraj gm04558 ashton gm04801 nalini balakrishnan gm04634 coercion coercion, as an element of duress, is grounds for seeking the.
Undue influence (malaysia) essay sample coercion coercion, as an element of duress, is grounds for seeking the cancellation of a contract or deed.