The Etridge influence on undue influence: attempts at fusion with duress and unconscionability

Type of content
Theses / Dissertations
Publisher's DOI/URI
Thesis discipline
Law
Degree name
Master of Laws
Publisher
University of Canterbury. Law
Journal Title
Journal ISSN
Volume Title
Language
Date
2008
Authors
Yee, Tina
Abstract

The doctrine of undue influence has undergone reconsideration by the House of Lords in Royal Bank of Scotland v Etridge (No 2) [2004] 4 All ER 449. The case was an attempt by the House of Lords to clarify the law and dispel some of the misconceptions that have developed in the law over the last 200 years. This thesis will examine the law of undue influence. It will examine the theoretical basis of undue influence, the general misconceptions in the law, the impact of the Etridge case, and related doctrines of duress and unconscionability. Given the developments in the law due to Etridge, issues regarding simplification of the law will be examined. The three doctrines share much in common, and issues of fusion of one or all of the existing doctrines will be considered, and whether this would lead to a better understanding of the law in this area.

Description
Citation
Keywords
undue influence, Etridge, duress
Ngā upoko tukutuku/Māori subject headings
ANZSRC fields of research
Rights
Copyright Tina Yee
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