| Commentary

261 Fiduciary duty and undue influence

| Commentary

261 Fiduciary duty and undue influence

In O’Sullivan v Management Agency and Music Ltd1, the court found that a fiduciary duty existed between the parties and as a result of that fiduciary relationship ‘the onus was . . . upon those asserting the validity of the agreements to show that they were the consequence of the free exercise of Mr O’Sullivan’s will in the light of full information regarding the transaction’. The court found it significant that Mr O’Sullivan had not received any independent legal advice and found also that the knowledge of the defendant companies and directors that ‘they

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