Question 1

Which of the following relationships is not a category of automatically presumed influence?

Accepted Answer

A)   Parent-child
B)   Doctor-patient
C)   Solicitor-client
D)   Husband-wife

Question 2

Presumed undue influence may be argued to exist in cases where the relationship between the parties is intimate or sexual in nature?

Accepted Answer

A) True 
 B)False

Question 3

In which of the following relationships would undue influence be presumed?

Accepted Answer

A)   Parents - minor child
B)   Husband - wife
C)   Trustee - beneficiary
D)   Solicitor - barrister

Question 4

In which of the following cases was the court persuaded to rescind a contract on the basis of undue influence?

Accepted Answer

A)   TSB Bank v Camfield
B)   HSBC Bank plc v Whalid 
C)   Dunbar Bank plc v Nadeem
D)   HSBC Bank plc v Kemp

Question 5

In National Westminster Bank plc v Morgan the House of Lords determined there was no relationship of trust and confidence between which two parties?

Accepted Answer

A)   A bank manager and his sister-in-law
B)   A bank manager and a male customer
C)   A bank manager and a female customer
D)   A bank manager and his female friend

Question 6

Which of the following are recognised categories of undue influence?

Accepted Answer

A)   Anticipated undue influence
B)   Implied undue influence
C)   Actual undue influence
D)   Presumed undue influence

Question 7

The 'debtor' as agent analysis is apparently accepted in which of the following cases?

Accepted Answer

A)   Barclays Bank v O'Brien
B)   Kings North Trust v Bell
C)   Coldunell Ltd v Gallon
D)   Royal Bank of Scotland v Etridge (No.2)

Question 8

A contact entered into under undue influence is

Accepted Answer

A)   Voidable and damages are available
B)   Subsisting and damages are available
C)   Voidable and damages are unavailable
D)   Subsisting and damages are unavailable

Question 9

The case of Royal Bank v Scotland v Etridge (2001)  highlights what?

Accepted Answer

A)   The requirements to prove a relationship of trust and confidence
B)   The grounds upon which the court will set aside a contract for duress
C)   The practical steps to be taken by debtors to avoid repossession
D)   The practical steps to be taken by creditors when put on inquiry

Question 10

In Etridge what steps does Lord Nicholls suggest must be taken by solicitors to ensure that a wife is properly informed of the nature of the transaction that is to be entered into?

Accepted Answer

In the case of Royal Bank of Scotland pl...

Question 11

A guarantee given by one spouse for the debts of another is not usually thought to be one 'manifest disadvantage' for what reason?

Accepted Answer

A)   A guarantee by a spouse if considered to be a manifestly disadvantageous
B)   Because couple tend to be in business together - a guarantee would be for the benefit of the business
C)   Because guarantees are seldom called upon so in reality it would not affect the guarantor
D)   Because it would normally allow the guarantor to stay in the matrimonial home, which would be an advantage

Question 12

Even where actual undue influence is found, unless it has operated to seriously prejudice the victim a contract cannot be set aside.

Accepted Answer

A) True 
 B)False

Question 13

Unless influence is presumed, it would take years if not decades for a relationship of influence to arise?

Accepted Answer

A) True 
 B)False

Question 14

Does the House of Lords decision to use 'notice' as a basis for setting aside transactions procured under undue influence place too great a burden on lenders?

Accepted Answer

The question of whether the House of Lor...

Question 15

In Barclays Bank plc v O'Brien, the House of Lords drew on the classifcations of undue influence previously set out by the Court of Appeal in Bank of Credit and Commerce International SA v Aboody?

Accepted Answer

A) True 
 B)False

Question 16

In which case did Lord Denning propose a general principle of 'unconscionable bargaining'?

Accepted Answer

A)   Lloyds Bank v Bundy
B)   RBS v Etridge
C)   Natwest v Morgan
D)   Bell v Lever Bros

Question 17

In which key case is it said that the distinction between influence and undue influence is determined by considering a transaction, 'failing proof to the contrary, is explicable only on the basis that it has been procured by undue influence'?

Accepted Answer

A)   National Westminster Bank v Morgan
B)   Royal Bank of Scotland v Etridge
C)   Attorney-General v R 
D)   BCCI v Aboody

Question 18

Which of the following is not a requirement for establishing undue influence?

Accepted Answer

A)   A relationship between the parties
B)   Inequality
C)   An abuse of the relationship
D)   A substantially unsatisfactory transaction

Question 19

What are the remedies typically used in respect of contracts entered into under undue influence?

Accepted Answer

Remedies typically used in respect of co...

Question 20

Undue influence in a contractual relationship can be found when:

Accepted Answer

A)   The influenced party has lost autonomy in the decision making
B)   There is an illegitimate use of an unbalanced power
C)   Both of the above
D)   None of the above

Exam 11: Undue Influence

The case of Royal Bank v Scotland v Etridge (2001) highlights what?

Correct AnswerverifiedShow Answer

Does the House of Lords decision to use 'notice' as a basis for setting aside transactions procured under undue influence place too great a burden on lenders?

Correct AnswerAnswered by ExamLex AIThe question of whether the House of Lor...View AnswerShow Answer

In which case did Lord Denning propose a general principle of 'unconscionable bargaining'?

Correct AnswerverifiedShow Answer

Which of the following are recognised categories of undue influence?

Correct AnswerverifiedShow Answer

The 'debtor' as agent analysis is apparently accepted in which of the following cases?

Correct AnswerverifiedShow Answer

Which of the following is not a requirement for establishing undue influence?

Correct AnswerverifiedShow Answer

Even where actual undue influence is found, unless it has operated to seriously prejudice the victim a contract cannot be set aside.

Correct AnswerverifiedShow Answer

In which key case is it said that the distinction between influence and undue influence is determined by considering a transaction, 'failing proof to the contrary, is explicable only on the basis that it has been procured by undue influence'?

Correct AnswerverifiedShow Answer

In which of the following relationships would undue influence be presumed?

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In Etridge what steps does Lord Nicholls suggest must be taken by solicitors to ensure that a wife is properly informed of the nature of the transaction that is to be entered into?

Correct AnswerAnswered by ExamLex AIIn the case of Royal Bank of Scotland pl...View AnswerShow Answer

Unless influence is presumed, it would take years if not decades for a relationship of influence to arise?

Correct AnswerverifiedShow Answer

A contact entered into under undue influence is

Correct AnswerverifiedShow Answer

A guarantee given by one spouse for the debts of another is not usually thought to be one 'manifest disadvantage' for what reason?

Correct AnswerverifiedShow Answer

In Barclays Bank plc v O'Brien, the House of Lords drew on the classifcations of undue influence previously set out by the Court of Appeal in Bank of Credit and Commerce International SA v Aboody?

Correct AnswerverifiedShow Answer

Presumed undue influence may be argued to exist in cases where the relationship between the parties is intimate or sexual in nature?

Correct AnswerverifiedShow Answer

In National Westminster Bank plc v Morgan the House of Lords determined there was no relationship of trust and confidence between which two parties?

Correct AnswerverifiedShow Answer

What are the remedies typically used in respect of contracts entered into under undue influence?

Correct AnswerAnswered by ExamLex AIRemedies typically used in respect of co...View AnswerShow Answer

Which of the following relationships is not a category of automatically presumed influence?

Correct AnswerverifiedShow Answer

Undue influence in a contractual relationship can be found when:

Correct AnswerverifiedShow Answer

In which of the following cases was the court persuaded to rescind a contract on the basis of undue influence?

Correct AnswerverifiedShow Answer

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The question of whether the House of Lor...
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In the case of Royal Bank of Scotland pl...
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Remedies typically used in respect of co...
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