Please enable JavaScript.

Coggle requires JavaScript to display documents.

Undue Influence, woman had legal advice ignored it, bank not obligated due…

- - - - relationships where presumption automatically arises (Class 2A)
        
        what relationships
        
        spiritual advisors and worshippors
        
        Allcard v Skinner novice nun, transferred money and stock to senior nun, gifts made due to undue influence
        
        doctors and patients
        
        soliciotrs and clients
        
        trustees and beneficiaries
        
        parent and children
        
        Carroll
        
        child enters transaction which confers substantial benefit to parent Carroll child recently reached age of majority
        
        can rebut presumption
        
        not married couple - National Westminster Bank v Morgan husband and wife in arreas, husband incurrec significant debt, wife agreed to 2nd mortgage, wife didn't realise risking family home, due to assurance from bank manager, relationship not beyond normal business relationship,
        
        Bank / Customer relationship
        
        Lloyd Bank v Bundy particuallry close relationship with bank manager very reliant - presumption of undue influence
        
        National Westminster v Morgan relationship didn't go beyond normal, so didn't assume a role
      - (Class 2B) presumption arises based on facts that one party had trust and confidence in wrongdoer and transaction disadvantageous
        
        Armstrong v Armstrong brothers, particularly close, entered transaction to disadvantage of other
        
        Gregg v Kidd siblings, brother suffered stroke and sister forceful and somewhat overbearing