ABSTRACT
Apart from personal rights, there is the question of proprietary remedies. In the case of undue influence, there is (it is suggested) no doubt that any sums transferred are subject to a constructive trust in the hands of the recipient.115 There is no direct English or Irish authority on whether duress (of either type), or a demand contrary to statute, also gives rise to a constructive trust.116 But there seems no reason not to extend the analogy of Chase Manhattan NV v IsraelBritish Bank117 to cover such payments: if transfers rendered involuntary by mistake give rise to such a remedy, so, also, a fortiori should those affected by duress.
