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Undue Influence (types of undue influence (presumed (Ulster Bank v Roche…
Undue Influence
types of undue influence
actual
O'Siochadhain v O'Mahony wanted to sell farm, failed at auction, manipulated the man and wife, turned up one day with contract drafted, no legal advice, stayed till 6am - no purchase money - clear undue influence
Northern bank v McCarron husband bullied wife into signing papers, bank called in guarantee, no constructive notice of bank for the bank
Leonard v Leonard transferred property to son, did understand what transfer did, enter contract of her own free will, she did have legal advice (any undue influence created by circumstances - murders, not able to farm, fear of farm being taken) - no undue influence
presumed
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doctor and patient, solicitor and client, parent and child
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Ulster Bank v Roche ran motor business, defendants were partners and directors in the business, one not directly involved both gave personal guarantees, abusive relationship, signed under undue influence - bank not put on inquiry just because wife guaranteed loan in business Ulster Bank v FitzGerald
followed etridge instead, if bank aware of relationship, placed on notice, obliged to take steps to ensure was openly and freely agreed to - no steps taken - didn't come under any test -
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Ge Capital v Reade joint loan for property, jointly owned by husband and wife, both benefited, no evidence of undue influence, bank not put on inquiry
ESB v Campbell jointly owned number of properties, she acquired extensive property interests due to this, buy property jointly, both benefited nothing to put bank on inquiry
ACC Loan Management v Gerard Sheehan claimed undue influence from brother, one legal advisor (advice deficient), mere desire to assist sibling not evidence of undue influence, bank failed to follow own guidlines - didn't receive signed waiver of independent legal advice
Ulster Bank v De Krester directors (husband and wife) of company gave personal guarantee over loans, husband owned 90% of shares, in the absence of express claim bank under no affirmative duty to ensure wife received independent legal advice
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Bank of Ireland v Curran signed statement saying understood nature of liability and did not want to take legal advice - no evidence of undue influence (mother to son)
ACC Management v Connolly dad guaranteed sons loan, bank put on notice to ensure father gave consent - confirmation of independent legal advice sufficient - never any claim by father for undue influence - bank put on inquiry (father-son -non-commercial) - evidence sufficient
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