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Vitiating Factors - Coggle Diagram

- - - - Solicitor - Client
      - Parent- Chiild
      - Parent - Child
      - Trustee - Beneficiary
      - Guardian - Ward
    - - Examples
        
        Husband - Wife
        
        Employer - Employee
      - Requirements
        
        They placed trust and confidence in the other
        
        The transaction calls for explanation
        
        The transaction cannot be readily explained by just looking at the relationship between the parties
    - - Claimant took independent advice
      - Claimant acted independently
- - - - Note that unlawful possession of goods can be reversed by getting a restitution
      - Courts prefer not to intervene (Skeate v Beale)
    - - One party uses economic power to create a threat and force the other party to do something against their financial interest, for which there was no reasonable alternative (Atlas Express Ltd v Kafco)
        
        Commercial pressure is not sufficient (The Sibeon & The Sibotre)
        
        claimants cannot let too much time lapse (The Atlantic Baron)
        
        Public confidence in the company (Pau On v Lau Yiu Long)
      - Factors to consider
        
        Was there an available alternative?
        
        Was there independent advice?
        
        Was there protest?
        
        After entering, were steps taken to avoid?
    - - historically the most recognized, and does not require a but-for test, only need to prove the threat was a cause (one of the reasons why)
        
        Barton v Armstrong