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Undue Influence (presumed undue influence - court presumes because of…
Undue Influence
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actual undue influence
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O'Flanagan v Ray Ger- one of two business partners was very ill, other partner domineering, agreement reached, if either died the deceaseds share would go to other partner (not family) actual undue influence - deal made in pub and no advice
presumed undue influence
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facts raise presumption
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McGonigal v Black - elder farmer reliant on neighbour, gave land to neighbour for very little, neighbour cleared debt and gave £1000, tried to get out of it - solicitor inadequate (didn't know about alcoholism)
Lloyds bank v Bundy elder farmer son built up debt with bank, farmed used only asset as collateral, advice from sons solicitor, bank not repaid, farmer got out of contract - bank should have told him to get independent advice
Turkey v Awadh - family house sold to other family members, changed mind, valid - good deal (good some of money and right o keep living their)
Lambert v Lyons - uncle left everything to RTE broadcaster, no presumption - changed will 31 times already
Prendergast v Joyce - husband dies, widow transfers money to nephew, large amount of will left to nephew - presumption arose - reliance (elderly, Alzheimer's)
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