Chapter 19 Self-test questions

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. Which, if any, of the following serve to distinguish undue influence from the doctrine of duress? Select all that apply.

Undue influence is a purely equitable doctrine. correct incorrect

Undue influence generally consists of the application of undue pressure correct incorrect

Undue influence always requires a special relationship of trust and confidence correct incorrect

Undue influence may be exercised entirely absent of any threats correct incorrect

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. In cases of presumed undue influence, three elements must be proved. The first of these is that there was a relationship of trust and confidence between the parties. Which of the following relationships does not belong to the class of relationships in which the law presumes that one party is in a position to exercise influence or dominion over the other?

Religious advisor and disciple correct incorrect

Trustee and beneficiary correct incorrect

Husband and wife correct incorrect

Solicitor and client correct incorrect

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. What was the authoritative definition of 'undue influence' given in Royal Bank of Scotland Plc v. Etridge (No. 2) [2001] UKHL 44?

"…a failure by one in whom trust and confidence is reposed not to abuse that trust by failing to deal fairly with [the claimant] and have proper regard to her interests" correct incorrect

"…an equitable wrong committed by the dominant party against the other which makes it unconscionable for the dominant party to enforce his legal rights against the other" correct incorrect

"…an advantage taken of the person subjected to the influence" correct incorrect

None of the options given are correct correct incorrect

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. Evidence that independent advice has been sought and received by the claimant is sufficient to show that the subsequent completion of the transaction should be regarded as free from the exercise of undue influence. True or false?

True correct incorrect

False correct incorrect