Undue Influence Flashcards
(13 cards)
What did Lindley LJ in Allcard v Skinner say undue influence was?
‘some unfair and improper conduct, some coercion from outside … some form of cheating and generally, though not always, some personal advantage gained’
Who said undue influence is some unfair and improper conduct etc?
Lindley LJ in Allcard v Skinner
What are the 2 types of undue influence?
actual (class 1)
presumed (class 2)
What is a case example of actual UI?
BCCI v Aboody
What happened in BCCI v Aboody?
A receiving legal advice, husband bursts into room saying why doesn’t legal advisor get on with it and witness her signature
What is actual UI?
when someone is subject to direct pressure/coercion
What is presumed UI?
something not done
What are the 2 different classes for presumed UI?
protected relationships e.g. parent/child, solicitor/client
established relationships e.g. husband/wife
What is a case example of a protected relationship?
Allcard v Skinner
What happened in Allcard v Skinner?
woman became member of Church of England sisterhood and made gifts of money, leaves sisterhood and claims money back, claims she was unduly influenced, court agreed but no remedy as she waited too long to make claim
What is necessary for relationships that are established?
C must prove the relationship was one of trust and confidence
What is a case example of undue influence and third parties?
Barclays Bank plc v O’Brien
What happened in Barclays Bank plc v O’Brien?
O’Brien wanted to increase overdrafts facility of a company in which he was a shareholder, secured loan over matrimonial home, wife unduly influenced to sign, bank sought possessions of home, bank failed in its duty to take reasonable steps to warn wife of risks she faced
