Undue Influence

Question 1

Recent description of actual undue influence - not ordinary transaction, relation of influence, unequal position

Answer 1

Nature Resorts Ltd. v. First Citizens Bank

Question 2

Actual
ill health and brought him to a pub where the two men agreed that, on the death of either of them, the survivor would take full control of the business
Pope “had a strong and forceful personality and … exercised considerable influence amounting to domination”

Answer 2

O’Flanagan v. Ray-Ger [1983] IEHC 83

Question 3

Not easily established undue actual - need proof of knowledge and disadvantage

Answer 3

Ffrench O’Carroll v Ffrench O’Carroll

Question 4

elderly father transferred his interest in the family home to his son, with the understanding that he could remain living there for life. Describes causal link, necessary too in actual

Answer 4

Carroll & Carroll v. Carroll

Question 5

newly of age, signed a guarantee for her mother’s debts while still living with her.

Answer 5

McMackin v. Hibernian Bank

Question 6

actively prevented from seeking advice from family members.
Two years after becoming a nun, she assigned her property to the convent without advice.

Answer 6

Whyte v Meade

Question 7

Young musician and his agent (cannot sign deals just for friendly companies)

Answer 7

O’sullivan v management agency

Question 8

Elderly alcoholic farmer, isolated and vulnerable, transferred land to his neighbour at a fraction of its value. Close relationship.

Answer 8

McGonigal v. Black

Question 9

Legal advice was not independent when the advisor - bank - had interest in the payment
improvident due to the donor’s advanced age, vulnerability and fragile mental state at the time she transferred the monies
after his funeral the wife transferred a number of large sums of money into joint accounts with the first defendant, her nephew.

Answer 9

Prendergast v. Joyce

Question 10

After 8 years, she left the sisterhood and 6 years after that she sought her property back

Answer 10

Allcard v. Skinner

Question 11

bank argued that it should at least be entitled to enforce the transaction to the extent to which the wife had been willing to provide - 35k
held that setting aside a transaction was an all-or-nothing process

Answer 11

Allied Irish Bank v. Byrne