The doctrine of notice lies at the heart of equity. When there are two innocent parties and each has their own rights to enjoy, the earlier right dominates the later if the acquirer of the later right has knowledge of the prior right which is actual notice. On the other hand, the acquirer would have constructive notice if he had taken proper steps. Thus, in Barclays Bank plc v. OBrien 4 in which a wife had mortgaged the matrimonial home to guarantee her husbands business debts, the House of Lords did not allow the bank to enforce the charge on the following ground (Cherednychenko, 2004): “ Threat of nephew to his aunt of legal action could be undue influence.
The critical question was whether the persuasion or advice had invaded the free volition of the donor to accept or reject the persuasion or advice or withstand the influence. The vulnerability of one party had to be considered, as did the forcefulness of the other” (MacKenzie and Phillips, 2008). Here the judgement was based on the doctrine of Actual undue influence. rendered the following judgment based on the dividing line: "In all cases of undue influence, the critical question is whether or not the persuasion or the advice, in other words, the influence, has invaded the free volition of the donor to accept or reject the persuasion or advice or withstand the influence.
The donor may be led but she must not be driven and her will must be the offspring of her own volition, not a record of someone else’ s. There is no undue influence unless the donor if she were free and informed, could say “ This is not my wish but I must do it” .Mr Wadlow invited Seal in the 1980s to record some songs at Beethoven Street Recording Studios.
But in 1988 Seal signed a printing deal with Mr Wadlow's publishing company and in 1990 the pair signed a management contract. Under this contract, Mr Wadlow would be given a perpetual post-term management commission on the albums recorded during the term of the contract.
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