Undue Influence: Inspirations from Australia?
Hong Kong Law Journal, Vol. 48, pp. 375-388, 2018
Posted: 21 Oct 2018
Date Written: 2018
In the recent case of Thorne v Kennedy, the High Court of Australia broke new ground in the law of undue influence. It has resolved some long-standing controversies over the meaning of undue influence and the correct approach to proving it (eg, the use of presumptions without resort to categorisation of the types of undue influence). In general, the decision is to be applauded for endorsing a more fluid approach that relies less on rigid categorisation, and for clarifying the distinct roles played by undue influence and the related doctrines of duress and unconscionable conduct. It is hoped that Hong Kong courts would follow suit.
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