Duress, Undue Influence and Unconscionable Dealing, 4th Edition
Overview
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Apr 2023 Hardback
Print RM1,628.00 9780414110557
(All prices are valid in Malaysia and inclusive of SST where applicable, and subject to change without prior notice.)
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Contents
PART I DURESS;
- 2 The Nature of Duress
- 3 Is the Pressure Illegitimate?
- 4 Causation and Absence of Reasonable Alternative
- 5 Types of Duress
PART II UNDUE INFLUENCE AND ABUSE OF CONFIDENCE;
- 6 Introduction to Part II
- 7 Equitable Undue Influence
- 8 Actual Undue Influence
- 9 Presumed Undue Influence
- 10 Presumed Undue Influence: A Relationship of Influence
- 11 Presumed Undue Influence: A Transaction that calls for Explanation
- 12 Rebutting the Presumption of Undue Influence
- 13 Undue Influence in Probate Law
- 14 Abuse of Confidence
PART III UNCONSCIONABLE DEALING
- 15 Introduction to Part III
- 16 Was the Claimant at a serious Disadvantage?
- 17 Is the Defendant’s Conduct Unconscionable?
- 18 Is the Transaction Overreaching and Oppressive?
- 19 Independent Advice
- 20 Scope of Unconscionable Dealing
PART IV THIRD PARTY''S DURESS, UNDUE INFLUENCE OR UNCONSCIONABLE CONDUCT
- 21 Introduction to Part IV
- 22 The Doctrine of Agency
- 23 Actual and Constructive Notice
- 24 Constructive Notice: When is a Party Put on Inquiry?
- 25 Steps to be Taken by a Creditor Put on Inquiry
- 26 Comparison with Equivalent Doctrines in Australia and Scotland
PART V REMEDIES AND DEFENCES
- 27 Introduction to Part V;
- 28 Remedies
- 29 Equitable Defences.
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