99. Remedies in cases of undue influence and unconscionable bargains.

It is said that the remedies available in respect of unconscionable bargains are subject to the same rules as those made under undue influence1.

Where a court is satisfied that a contract between A and B was induced by the undue influence of A2, the prima facie remedy of B is to apply to set aside the contract3. In some cases, the courts have simply rescinded the whole contract4; but in others they have rescinded the contract on terms5. In any event, such relief is barred on similar grounds to those which limit the right to rescind for misrepresentation6.

The right to rescind may be exercised, not only as against A, but also as against a third party. For example, property acquired by A by undue influence may be transferred