Undue Influence

  • Created by: Tiana H
  • Created on: 08-05-18 11:48
Royal Bank of Scotland v Etridge
number of appeals where wife signed family home as security for husbands business - said manifest disadvantage no longer required, 'calls for explanation' instead - also requires bank to be 'put on equiry'
1 of 8
Allcard v Skinner
women entered religious order - took a vow of poverty - gave all her property - after she left wanted property back - no actual UI - but dominance of S over A and size of gift raised presumed UI
2 of 8
BCCI v Aboody
established classes of UI - class 1(actual) - class 2a(presumed - recognised under law) - class 2b (presumed - requires proof of trust and confidence)
3 of 8
CIBC Mortgages v Pitt
not necessary to demonstrate manifest disadvantage anymore - not awarded Ui because it was not the 'but for' cause
4 of 8
UCB v Williams
No requirement of 'but for' cause
5 of 8
Lloyds Bank v Bundy
was a relationship of trust between father and bank manager giving rise to presumed UI (2b)
6 of 8
R v HM Attorney General
rebutting presumption - although he was under a lot of pressure - he still had the choice to say no to the confidentiality agreement
7 of 8
Cheese v Thomas
UI allows contract to be rescinded - any benefit obtained by the party rescinding the party must be restored to other party 'restitution'
8 of 8

Other cards in this set

Card 2

Front

Allcard v Skinner

Back

women entered religious order - took a vow of poverty - gave all her property - after she left wanted property back - no actual UI - but dominance of S over A and size of gift raised presumed UI

Card 3

Front

BCCI v Aboody

Back

Preview of the front of card 3

Card 4

Front

CIBC Mortgages v Pitt

Back

Preview of the front of card 4

Card 5

Front

UCB v Williams

Back

Preview of the front of card 5
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