McIntyre v Lamb [1968] JJ 923 (12 July 1968)

McIntyre v Lamb [1968] JJ 923 (12 July 1968)

Undue influence requires proof of actual influence exercised and operative in the making of the contract; mere inequality of bargaining power or economic pressure is insufficient without such proof.

Citation
[1968] JJ 923
Parties
Applicant: McIntyre; Respondent: Lamb
Jurisdiction
Jersey
Judgment Date
12 July 1968
Procedural Posture
Civil / Judgment
Outcome
contract not set aside
Legal Topics
Undue Influence, Fiduciary Relationship, Inequality of Bargaining Power, Economic Pressure
Contract Law Undue Influence Fiduciary Relationship Inequality of Bargaining Power Economic Pressure

Case Brief

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Parties

McIntyre

Applicant

Lamb

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the scope of the doctrine of undue influence in contract law where there is no fiduciary relationship between the parties?

Ratio Decidendi

Undue influence requires proof of actual influence exercised and operative in the making of the contract; mere inequality of bargaining power or economic pressure is insufficient without such proof.

Court Disposition

contract not set aside