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VITIATING FACTORS - Coggle Diagram
VITIATING FACTORS
DURESS
Definition
exertion of illegitimate pressure :check: upon a contracting party to compel :check: them to enter an agreement.
Elements
Pressure exerted, pressure is illegitimate, induced the contract, no practical alternative.
Types
To the person, to property, and economic duress
UNDUE INFLUENCE
Definition
consent obtained through the unfair exploitation :check: of a relationship where one party holds** influence* over the other party
Presumed undue influence
The law may presume undue influence exists when there is a pre-existing relationship of confidence between parties.
Actual undue influence
Other party obtained a dominating influence over them, capacity to exert the influence, influence was actually exercised the influence brought about the transaction
UNCONSCIONABILITY
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Three tier system
Disadvantaged, Exploitation and Outcome
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