swarb.co.uk - law index
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Undue Influence - From: 1930 To: 1959
This page lists 4 cases, and was prepared on 21 May 2019.
In re Lloyds Bank Ltd, Bomze v Bomze [1931] 1 Ch 289
1931
Maugham J
Undue Influence
Where there is evidence that a husband has taken unfair advantage of his influence over his wife, or her confidence in him, 'it is not difficult for the wife to establish her title to relief.'
1 Citers
Mutual Finance Ltd v John Wetton and Sons Ltd [1937] 2 KB 389; [1937] 2 All ER 657
1937
Porter J
Contract, Undue Influence
A relative of a forger gave a guarantee in circumstances where the forger had been threatened with prosecution. He now pleaded economic duress. Held: The guarantee should be set aside. The court considered the distinction between dures and undue influence. Porter J said: "Not only is no direct threat necessary, but no promise need be given to abstain from a prosecution. It is enough if the undertaking was given owing to a desire to prevent prosecution and that desire were known to those to whom the undertaking was given. In such a case one may imply (as I do here) a term in the contract that no prosecution should take place . . A threat made by a party to a contract may be illegitimate when coupled with a demand for payment even where the threat is one an action which would otherwise be lawful."
The line between permissible forms of persuasion and undue influence is ultimately regulated by considerations of public policy.
1 Citers
Yerkey v Jones; 1939 - (1939) 63 CLR 649
Tufton v Sperni [1952] 2 TLR 516; [1952] WN 439
1952
CA
Jenkins LJ, Morris LJ
Undue Influence
To show undue influence the party must show "actual domination . . over the mind and will" of the person affected. (Jenkins LJ) or the influence may be described in terms of the domination by the wrongdoer of the mind and will of the complainant and "in which it could fairly be said that the plaintiff's mind was in effect a mere channel through which the will of the defendant operated" (Morris LJ)
The categories of fiduciary relationships are not closed, and a fiduciary relationship in respect of a transaction may arise though there has been no anterior relationship between the parties to that transaction.
