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.
Mitchell v Homfray
Allcard v Skinner
Abbey National Bank plc v Stringer
O
7. Case that stated that a gift must be "explicable by the ordinary motives of people in the position of the parties"
Turkey v Awadh
Abbey National Bank plc v Stringer
Etridge
Allcard v Skinner
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/
Inche Noriah v Shaik Allie Bin Amar
Turkey v Awadh
Mitchell v Homfray
Re Brocklehurst
9. Two cases which govern whether or not independent legal advice will suffice to rebut the presumption.
Etridge, Re Brocklehurst
Allcard v Skinner, Re Brocklehurst
Allcard v Skinner, Etridge
Etridge, Abbey National plc v Stringer
10. Which of the following does not bar rescission?
Intervening third party rights
Reasonable period of time has passed
Impossibility of restitutio integrum
Affirmation
Delay
11. Case where equitable compensation was awarded for the value of what X had surrendered under undue influence.
Barclays Bank plc v O
O
Mahoney v Purnell
Cheese v Thomas
12. Case as authority for the remedy of "taking accounts"
O
Mahoney v Etridge
Barclays Bank plc v O
Cheese v Thomas
13. Case for approach where there is undue influence in three party cases.
Mutual Finance v John Whetton & Sons
Barclays Bank plc v O
Etridge
O
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?
There is substantial risk that the husband has committed a legal/equitable wrong procuring the wife as surety
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
15. What was suggested obiter in Etridge?
That three party cases will never extend further than the husband-wife relationship
That the bank should advise the husband to ensure that the wife has independent legal advice
That three party cases could be given more general application than between husband and wife
That the bank must automatically presume undue influence between husband and wife and take steps to dissuade itself
