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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