completely in control of the other's advantage. "As long as it is based on the principle of fairness,
such influence has restricted one party's ability to judge and voluntarily contract, so that the party
loses its equal bargaining position in the process of signing the contract, which constitutes an
improper influence. The impact is not intentional. In the American contract law, the improper
influence is called threat is improper. Although the term is different, its meaning and legal
remedy are generally the same. However, the specific provisions of the British Contract Law and
the American Contract Law on undue influence are not the same, mainly manifested in different
classifications of undue influence.
In BBCI v. Aboody2, Slade LJ divided undue influence into actual undue influence and
presumption of undue influence. In 1993, the House of Lords in Barclays Bank plc v. O. A
comprehensive re-examination of the entire doctrine of undue influence in the case of 'Brein
(1993), in which Lord Browne-Wilkinson affirmed the aforementioned court's undue influence
in Barclays Bank plc v. O'Brein3 The analysis done and Slade LJ's classification of undue
influence. At present, the classification method generally accepted by the British judicial and
theoretical circles is to classify the improper influences into two categories according to the
identity of the party exerting the improper influences and the litigation certification process.
According to the principle of equity, if there is no special fiduciary relationship between
the parties, the disadvantaged contract parties effectively prove that their contract is based on the
belief of the other party and the inducement and pressure of the other party, which is practical.
Improper influence exists and the contract can be set aside. Different from the presumption of
improper influence, the actual improper influence is not established based on the presumption of
the law. It is established based on the litigation proof of the parties. The disadvantaged contract
2 [1992] 4 All ER 955
3[1993] UKHL 6

Duress and Undue Influence

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