BACHELOR OF BUSINESS ADMINISTRATION

Detailed explanation-1: -’Undue influence’ defined.-(1) A contract is said to be induced by ‘undue influence’ where 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 advantage over the other."

Detailed explanation-2: -The use of undue influence by one party over another puts the free will of one of the parties entering the contract into question, and therefore leads to the contract being unenforceable and voidable by the victim party.

Detailed explanation-3: -Undue influence is a contract law principle that looks at the quality of consent and considers whether each party provides their consent to a contract freely and voluntarily. In particular, it looks at whether the relationship between the parties forced one party to sign when they otherwise might not want to.

Detailed explanation-4: -Presumed undue influence refers to influence that is presumed due to the specific relationship that exists between the parties (e.g. the relationship between parent and child, solicitor and client or guardian and ward).

Detailed explanation-5: -A voidable contract is a formal agreement between two parties that may be rendered unenforceable for any number of legal reasons, which may include: Failure by one or both parties to disclose a material fact. A mistake, misrepresentation, or fraud. Undue influence or duress.