6. Case that states that the burden is on the donee to support the gift if it is so large as not to be reasonably accounted for on the grounds of ordinary motives.
Abbey National Bank plc v Stringer
Mitchell v Homfray
Allcard v Skinner
O
7. Case that stated that a gift must be "explicable by the ordinary motives of people in the position of the parties"
Allcard v Skinner
Abbey National Bank plc v Stringer
Turkey v Awadh
Etridge
8. Case that specifies that in order for a presumption to be rebutted, it must be shown that the party assented to the nature and effect of the contract, and that it was explained to them by an independent and qualified person/
Mitchell v Homfray
Inche Noriah v Shaik Allie Bin Amar
Turkey v Awadh
Re Brocklehurst
9. Two cases which govern whether or not independent legal advice will suffice to rebut the presumption.
Allcard v Skinner, Re Brocklehurst
Etridge, Abbey National plc v Stringer
Allcard v Skinner, Etridge
Etridge, Re Brocklehurst
10. Which of the following does not bar rescission?
Intervening third party rights
Impossibility of restitutio integrum
Affirmation
Reasonable period of time has passed
Delay
11. Case where equitable compensation was awarded for the value of what X had surrendered under undue influence.
Mahoney v Purnell
O
Cheese v Thomas
Barclays Bank plc v O
12. Case as authority for the remedy of "taking accounts"
Mahoney v Etridge
Barclays Bank plc v O
O
Cheese v Thomas
13. Case for approach where there is undue influence in three party cases.
Barclays Bank plc v O
Mutual Finance v John Whetton & Sons
O
Etridge
14. Which of these is NOT an example given in Barclays Bank plc v O'Brien of when the bank will be put on inquiry as to circumstances?
Where the bank is aware that the wife has had no independent legal advice
The transaction is not on its face to the financial advantage of the wife
There is substantial risk that the husband has committed a legal/equitable wrong procuring the wife as surety
15. What was suggested obiter in Etridge?
That the bank should advise the husband to ensure that the wife has independent legal advice
That the bank must automatically presume undue influence between husband and wife and take steps to dissuade itself
That three party cases could be given more general application than between husband and wife
That three party cases will never extend further than the husband-wife relationship
