Undue Influence - Relationships of T&C
4 important questions on Undue Influence - Relationships of T&C
To establish a relationship of trust and confidence the complainant must show that either
a) There is a special relationship in which the law presumes trust and confidence; or
b) There is a relationship of 'actual trust and confidence'.
Presumptive Relationships of Trust and Confidence
Parent and child;
Guardian and ward;
Doctor and patient;
Solicitor and client;
Trustee and beneficiary or
Religious adviser and disciple.
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