Questions 1 Undue influence is an equitable form of duress which may give rise to the equitable remedy of rescission. In what circumstances can the relationship between a bank and a customer be subject to the doctrine of undue influence? 2 Was the husband in O’Brien acting as agent of the bank? 3 Could the bank sue the husband in O’Brien for all its losses arising out of the mortgage transaction? 4 Do the courts have a general equitable power to set aside unconscionable transactions? 5 Is Camfield actually an undue influence case? 6 What small changes of fact in Credit Lyonnais would be required in order to arrive at a situation where a court of equity might not be so prepared to set aside the transaction?
Pages 1