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    Could somebody please explain how the requirements for undue influence have changed from Barclays v O'Brien [1993] and RBS v Etbridge (No.2) [2001]?
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    I suppose you mean, since you're asking about land, what the bank needs to do in order not to be affected by the undue influence of husband over wife?

    Just read Nicholls's judgment in Etridge.
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    This line of cases gives us probably one of the most gullible specimens in the history of the law, poor old Ms Burch who signed an unlimited guarantee to prevent her employer's business going down the pan (for about 3 months). A transaction so stupid that one of the judgments states that even if the bank could prove she had sought independent legal advice, the guarantee would still be void for undue influence because she must have been so far under Mr Pelosi's spell that she automatically disregarded the advice!
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    (Original post by TimmonaPortella)
    I suppose you mean, since you're asking about land, what the bank needs to do in order not to be affected by the undue influence of husband over wife?

    Just read Nicholls's judgment in Etridge.
    Yes, however my question is predominately focused on the evolution of such requirements from Barclays to Etbridge.
    I know the requirements under Etbridge, but I am not quite sure as to how they have evolved from Barclays. If you get where I am coming from?
 
 
 
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