Section 24 Undue Influence

• Library: Remedies 2006

Undue influence is a ground for the equitable remedy of rescission or cancellation. There are two methods of making a case for undue influence. First, a case of undue influence can be made by proving, through direct or circumstantial evidence, that the wrongdoer used such force, threats, or coercion as to completely destroy the free will of the person signing the document. Second, a case of undue influence may be made through the use of a presumption. A presumption of undue influence arises when a...