Is undue influence a claim in equity?
British Columbia, Canada
The following excerpt is from Longmuir v. Holland, 2000 BCCA 538 (CanLII):
A claim to set aside a transaction on the ground of undue influence is a claim in equity. A transaction so brought about is voidable not void. See Lindley L.J. in Allcard v. Skinner (1887), 36 Ch. D. 145 at 186-87. In broad terms, equity considers the obtaining of a benefit by such a means, a species of constructive fraud (Lindley L.J. at 183).
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