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Undue influence claims: What remedies?

Undue influence claims: What remedies?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2018) Undue influence claims: What remedies? Property Law Journal (367). pp. 24-28. ISSN 1461-0752

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Abstract

The effect of a finding of undue influence is usually to render the transaction voidable at the instance of the claimant. In other words, the victim of undue influence is entitled to set aside the transaction as against the wrongdoer. The transaction may also be unenforceable as against a third party (for example, a lender) who has notice (actual or constructive) of the wrongdoing, or (less likely\) where the wrongdoer acted as agent for the third party.

But this is not the only possible remedy available in undue influence claims. Apart from the possibility of awarding damages in lieu of rescission under s.2(2) of the Misrepresentation Act 1967 where the wrongdoer has been guilty of misrepresentation, the court also has power to order an account of profits or award fair compensation in equity to a claimant who has succeeded in persuading the court to set aside the transaction. It can also order severance of distinctively separate transactions. Moreover, it may be possible for the victim of undue influence to pursue an equitable tracing claim against the recipient of the money or property. This article considers each of these remedies in turn.

Item Type: Article
Uncontrolled Keywords: undue influence, remedies, setting aside, bars to relief, damages, account of profits, equitable compensation, severance, tracing
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 01 Feb 2019 10:56
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/22395

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