Victorian Equity Law Essay Example | Topics and Well Written Essays - 2250 words

Victorian justice Law - try out ExampleThis position arises in case of family relationships between solicitor and client, parent and child, married woman and husband which is know as fiduciary relationship, where give and confidence exists. In this case, undue make up ones mind is presumed by law unless until it is turn up contrary2.The presumption of undue make is recognised by court of law basically where fiduciary relationship exists believing that in fiduciary relationship one party succeeds in exerting unfair influence or undue influence over the other. The court of law recognises relationship between employer and junior employee, doctor and unhurried also to bring into the ambit of presumption of undue influence3.In fiduciary relationship between wife and husband the creditor has a bounden duty before obtaining guarantee from the wife where wife is not a benficiary, is that a) to command reasonable steps to establish that her consent had been properly obtained, b) to discuss the facts with her c) to warn her of the consequences d) to suggest to take independent legal advise. Failing which, the transaction could be set aside by court of law4.Equity law protects innocent persons from undue influence by giving an opportunity to rescind the contract penalize under undue influence. Defence available to opposite party if the fact of non existance of undue influence is rebutted with evidence5. baseless influence Undue influence is classified into three types, a) actual undue influence, b) presumptive undue influence and c) proven undue influence. Actual undue influence is to be proved. Presumptive undue influence exists where trust and confidence is placed upon a strong party, especially in fiduciary relationships such as solicitor and client, religious adviser and disciple, physicians and patients, and parent and child. Proven Undue influence is similar to presumed undue influence eject that in proven undue influence the trust and confidence is to be proved unlike in case of presumptive undue influence. Special Wives Equity The law provides special equity for wives to protect their affaire from the undue influence of their husbands, who take advantage of the weaker position of their wives. Under this equity if the transaction is clouded by actual undue influence and the creditor has the knowledge of existence of join between the surety and the borrower the transaction entrust be set aside. The law further provides that even there is no actual undue influence the transaction is subject to be set aside at the option of the surety unless the creditor has taken decent measures to bring to her notice and inform her suitably the effect of the transaction. The law says in special wives equity plastic notice of undue influence or relationship of influence is immaterial, mere knowledge of existence of marriage is sufficient. In Garcia case, which is relied on Yerkey v Jones8 the High Court has discussed elaborately on the princip les based on the doctrine of Special Wives Equity. Clear and thorough study of the judgment in Garcia case shows how the different principle adopted in case of Wives in setting aside of security of wife is justified when compared to the non-wives security to deuce-ace party, duly following the law of equity6.Garcia vNnational Australia Bank ltd7National Australian Bank