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A Level Law (Contract) Assignment 11 - Undue Influence

 

Task

You will be set one of the following questions:

 

1. Rory and his wife, Sheena, run a business which is experiencing financial difficulties. Rory, approaches Theo, the manager of Lonit bank, for advice. Theo suggests a short term bank loan to support the business and to finance the purchase of new equipment.

Theo also suggests that Rory and Sheena seek further advice from their accountant, but he points out that if Rory wishes to proceed with the loan, he must act very quickly to obtain favourable terms. Rory therefore agrees immediately to have the loan and, at Theo's request, takes a form home for Sheena to sign. Rory persuades Sheena to sign the form, which states that the family home will be used as security for the loan, and returns it to the bank.

One year later the business is still not successful. Sheena receives a letter from the bank explaining that the loan has now become unacceptably large and since repayments have been outstanding for some considerable time, Lonit will be taking action to sell the house to settle the debt.

Advise Sheena.

(Q8 June 2000)

or

2. 'It is when legitimate pressure goes beyond reasonableness that the courts need to consider claims of duress and undue influence.'

How accurate is this view of the courts' approach to such claims?

(Q2 June 1999)

or

3. Floyd is a lecturer in Economics. Grady is one of Floyd's students who has frequently sought his advice over finance. Floyd advises Grady to invest his student loan and savings, amounting to £3,000, in a local company, Huffanpuff, of which Floyd is a director.

During the next year Huffanpuff has operating difficulties and the value of its shares fall dramatically, so that Grady's investment is now worth £500. Grady was planning to use the money to start a business of his own and he is now unable to do this. He claims that he was greatly influenced by the advice given by Floyd and feels that Floyd should have known the difficulties of Huffanpuff, which have caused him to lose a lot of his investment.

Advise Grady of his remedies, if any, in the law of contract.

(Q9 June 1997)

or

4. Compare and contrast the doctrines of duress and undue influence. Do these doctrines provide adequate remedies for parties who have entered into a contract without true consent?

(Q2 June 1996)

or

5. Mortimer visits Ravinder, the manager of Centrebank, and discusses with her the possibility of borrowing money to fund a business venture. Mortimer takes some application forms home and persuades his wife, Ophelia, to sign them. She does so, under the impression that the loan is £30,000 on a short term basis. Centrebank later makes the money available using a house owned by Mortimer and Ophelia as security.

After some time it becomes obvious that Mortimer's business venture is failing. To her dismay, Ophelia learns for the first time that the loan is for £80,000. Centrebank wishes to sell the house to recover the amount loaned.

How, if at all, would Ophelia be able to defend her position?

(Q9 June 1995)

or

6. 'The effectiveness of the doctrine of economic duress is weakened by the lack of a clear definition of the limits of its applicability.'

Discuss.

(Q3 June 1994)

or

7. 'There is no precisely defined law setting limits to the equitable jurisdiction of a court to relieve against undue influence … Definition is a poor instrument when used to determine whether a transaction is or is not unconscionable; this is a question which depends upon the particular facts of the case.' (Lord Scarman in National Westminster Bank v. Morgan (1985))

Through an examination of relevant cases discuss this view of undue influence.

(Q5 June 1993)

or

8. Sheila consults her bank manager, Ms Suet, over her plans to sell her house. Sheila is a widow and she frequently consults Ms Suet on financial and personal matters. When told that Sheila intends to sell her house, Ms Suet offers to buy it at the current market price. Sheila accepts the offer and the sale is completed. Six months later house prices have risen by 25% and Sheila is seeking to have the sale of the house set aside, on the grounds that Ms Suet had taken advantage of her position as Sheila's bank manager.

Advise Sheila.

(Q9 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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