force and fear Flashcards
(6 cards)
1
Q
what are the required elements of force
A
Hislop v Dickson motors
- threat must be unlawful
- futile or empty threats are not enough
2
Q
are threats from a third party enough for force and fear
A
- Trustee savings bank v Balloch - yes
3
Q
what is the requirements of fear
A
Hislop v Dickson motors - pressure would overpower the mind of a person of ordinary firmness
Hunter v Bradford property trust - fear must be more than vain or foolish
4
Q
what is the authority for facility or circumvention
A
McGilvary v gilmarton
- facility (some kind of vulnerability)
- lesion (a benefit or disadvantage)
- circumvention (no actual deceit required)
5
Q
what is the authority for undue influence
A
Gray v Binny
- relationship of trust
- so principle of fair dealing is required
6
Q
A
