Undue influence

Contract: undue influence

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  • Created by: Isabella
  • Created on: 24-05-12 14:41
Does undue influence render a contract...
Voidable
1 of 9
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.
Allcard v Skinner
2 of 9
Case that stated that a gift must be "explicable by the ordinary motives of people in the position of the parties"
Turkey v Awadh
3 of 9
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
4 of 9
Two cases which govern whether or not independent legal advice will suffice to rebut the presumption.
Allcard v Skinner, Re Brocklehurst
5 of 9
Case where equitable compensation was awarded for the value of what X had surrendered under undue influence.
Mahoney v Purnell
6 of 9
Case as authority for the remedy of "taking accounts"
O
7 of 9
Case for approach where there is undue influence in three party cases.
Barclays Bank plc v O
8 of 9
What was suggested obiter in Etridge?
That three party cases could be given more general application than between husband and wife
9 of 9

Other cards in this set

Card 2

Front

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.

Back

Allcard v Skinner

Card 3

Front

Case that stated that a gift must be "explicable by the ordinary motives of people in the position of the parties"

Back

Preview of the front of card 3

Card 4

Front

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/

Back

Preview of the front of card 4

Card 5

Front

Two cases which govern whether or not independent legal advice will suffice to rebut the presumption.

Back

Preview of the front of card 5
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