Out Now: Duress, Undue Influence and Unconscionable Dealing (4th edition, 2023)
The latest edition of Professor Nelson Enonchong’s book has just been published by Sweet & Maxwell.
The latest edition of Professor Nelson Enonchong’s book has just been published by Sweet & Maxwell.
This new edition of Professor Enonchong’s Duress, Undue Influence and Unconscionable Dealing provides detailed and practical guidance on the doctrines of duress, undue influence, unconscionable dealing and abuse of confidence as grounds on which a contract may be set aside.
It explains the circumstances when the validity of an agreement between two parties, A and B, may be affected by the undue influence of a third party (C) on B. It sets out in detail the steps that the law requires a bank to take when obtaining a personal guarantee from a surety where the relationship between the surety and the debtor is non-commercial (such as where the relationship is one of wife and husband).
It offers detailed analysis of the remedies and defences available in the context of the four doctrines examined in this work. It also explains the circumstances when a court may refuse to admit a will into probate on the ground that it was signed by the testator under undue influence.
This 4th edition is extensively revised to take account of important developments in the law since the last edition, including the decisions of the Supreme Court of the United Kingdom in Times Travel (UK) Ltd v Pakistan International Airlines Corp (2021) and Law Debenture Trust Corp Plc v Ukraine (2023).
Professor Nelson Enonchong is Barber Professor of Law and Deputy Dean of Birmingham Law School. He received his PhD from Jesus College, the University of Cambridge. He is a Barrister, of the Inner Temple, and a Fellow of the Chartered Institute of Arbitrators.
He has published widely in the field of contract and commercial law. His publications, including earlier editions of Duress, Undue Influence and Unconscionable Dealing, have been relied upon by appellate courts in the United Kingdom and in other jurisdictions, including Australia, Canada, Hong Kong, Malaysia, New Zealand, Nigeria, Singapore and Trinidad and Tobago.