(Elements above set out in this case)
Hedricks v Barnett1975 1 SA 765
In English law undue influence can be regarded as the relationship between lawyer & client,doctor & patient, mother & daughter According to Roman-Dutch law, there is no presumption, but it was later accepted in RDL.Elements:(1)The one party must have exercised influence over the other party(2)The influence must have weakened his power of resistance and made his will pliable.(3)Without that influence, the other party would not have entered into the contract.
Preller v Jordaan 1956 (1) SA 483
Legality of contract: whether a contract is enforceable.Statutory Illegality – whether the contract is against the statute.Legality/illegality under the common law.
a.Void, unenforceable and the crime is committedEg: racial crime – people enter into a contract to fix the other race (black/white). b.Void, (contract against the statute) but no crime is committedEg: selling a commercial farm to a private individual instead of offering it to thegovernments for consideration first.c.Where a crime is committed but the contract is enforceableEg: when a business is opened in an area zoned for residential use only, the businesswill be operating illegally, yet the contracts that the business has made with hiscustomers is still valid.