The application of the doctrine of undue influence need not be restricted to situations where the party against whom it was alleged had sought to create a benefit for themselves. The vice in the transaction was the abuse by somebody in a position of trust, and of the trust placed in them. The fact that the transaction originated with a third party other than the wrongdoer was irrelevant if that relationship of trust and confidence existed, and it was fair to presume that the relationship had been abused in procuring the transaction.
Citations:
Times 01-Nov-2000
Jurisdiction:
England and Wales
Undue Influence
Updated: 11 May 2022; Ref: scu.84159
