Undue Influence Essay

2.0 Malaysia Case Law

2.1

The extent of undue influence can be further discussed using the case of Jagindar Singh v Tara Tajaratnam on 20 November 1986.

Tara Tajaratnam , the respondent was a lady who owned a five acre land in Johor Bahru . The respondent’s brother in law---Devan had an overdraft facility, Supiah --the second appellant told the respondent that her property was required as security for her brother in law’s overdraft. Observation from the evidence, Jagindar--- the first appellant a lawyer was also a guarantor for the loan is interested in the property that the respondent owns. And on March 30, 1974 the first and second appellant Sivanathan, came to the respondent house and ask her to sign various document including a transfer form of property.(Scribd, 2017) The respondent was not contented with the matter as nothing was disclose of the fact that the property was to be used

However, the defendant terminated their agreements in December 2009 and the plaintiffs did not agree to the termination where they claimed that the termination was not same as the agreements which obtain undue influence. The second plaintiff withdrew his claim against the defendant as they have settled out of the

The agreement stated that the sales representatives were independent contractors instead of employees and this agreement took over all the earlier agreements between them. However, on 14 December 2009, the first plaintiff wished to make the agreements that he had sign invalid due to the agreements were signed under undue influence from Chew – the Chief Executive Officer in defendant’s