There Are Traditionally Said to Be Two Categories of Undue

question 11

Multiple Choice

There are traditionally said to be two categories of undue influence: actual undue influence and presumed undue influence. In Royal Bank of Scotland plc v. Etridge (No 2) (2001) , the House of Lords stressed that too much emphasis should not be put on this distinction. Rather, there is only one category of undue influence, although it can be proved in different ways: either by positive proof (undue influence by overt pressure) or by inference from other evidence raising an evidential presumption of undue influence (undue influence by omission) . To succeed in a claim in the former case (undue influence by persuasion) , what must the claimant be able to show?

• A) That the defendant failed to protect the complainant's interests by overtly exploiting her influence over her.
• B) The existence of a relationship of influence between the parties.
• C) That the resulting transaction was manifestly disadvantageous for the complainant.
• D) All of the options given are correct.

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Definitions:

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is the total amount of goods and services produced by an economy, firm, or production process.

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The actual selling price of a good or service in the marketplace, influenced by supply and demand.

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A period in which all factors of production and costs can be fully adjusted, including entry and exit of firms.

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Profits that exceed the opportunity costs of all inputs, indicating a return beyond the norm expected in competitive markets.