|
Undue Influence In English Law
Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction cannot "fairly be treated the expression of hat person'sfree will". Historically the doctrine had predominantly been invoked where the person who is exercising undue influence over another person either enters into a contract with the affected person or receives a gift from them. However, much of the recent case law relates to three party cases, where one person (often a husband) exerts undue influence on a second person (the wife) to enter into a transaction (providing a guarantee or security for the husband's debts) with a third party (often a bank). The doctrine originally developed because of perceived limitations in the law relating to duress. Although the modern law is different, previously in order to set aside a contract for duress it was necessary to show a thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allcard V Skinner
''Allcard v Skinner'' (1887) 36 Ch D 145 is a judicial decision under English law dealing with undue influence. Facts Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superior of a Protestant religious order named "Sisters of the Poor". She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Judgment Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution. And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes.at 182-3 Cotton LJ said, See also *Restitution in English law The English law of Restitution is the law of gain-based recovery. Its precise scop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicolas Browne-Wilkinson, Baron Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, Her Majesty's Most Honourable Privy Council, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, Military Cross, MC, and of Mary Abraham, daughter of Charles Abraham (bishop of Derby), Charles Abraham, Bishop of Derby (suffragan), Bishop of Derby. He was educated at Lancing College, Lancing and at Magdalen College, Oxford, where he took a British undergraduate degree classification, First in Jurisprudence in 1952. He was Call to the bar, called to the Bar at Lincoln's Inn in 1953 and Queen's Counsel, took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Courts of Guernsey, Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gilbert O'Sullivan - TopPop 1974 1
Gilbert may refer to: People and fictional characters *Gilbert (given name), including a list of people and fictional characters *Gilbert (surname), including a list of people Places Australia * Gilbert River (Queensland) * Gilbert River (South Australia) Kiribati * Gilbert Islands, a chain of atolls and islands in the Pacific Ocean United States * Gilbert, Arizona, a town * Gilbert, Arkansas, a town * Gilbert, Florida, the airport of Winterhaven * Gilbert, Iowa, a city * Gilbert, Louisiana, a village * Gilbert, Michigan, and unincorporated community * Gilbert, Minnesota, a city * Gilbert, Nevada, ghost town * Gilbert, Ohio, an unincorporated community * Gilbert, Pennsylvania, an unincorporated community * Gilbert, South Carolina, a town * Gilbert, West Virginia, a town * Gilbert, Wisconsin, an unincorporated community * Mount Gilbert (other), various mountains * Gilbert River (Oregon) Outer space * Gilbert (lunar crater) * Gilbert (Martian crater) Arts and ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Beneficiary (trust)
In trust law, a beneficiary or '' cestui que'' use, a.k.a. ''cestui que'' trust, is the person or persons who are entitled to the benefit of any trust arrangement. A beneficiary will normally be a natural person, but it is perfectly possible to have a company as the beneficiary of a trust, and this often happens in sophisticated commercial transaction structures. With the exception of charitable trusts, and some specific anomalous non-charitable purpose trusts, all trusts are required to have ascertainable beneficiaries. Generally speaking, there are no strictures as to who may be a beneficiary of a trust; a beneficiary can be a minor, or under a mental disability (in fact many trusts are created specifically for persons with those legal disadvantages). It is also possible to have trusts for unborn children, although the trusts must vest within the applicable perpetuity period. Categorization There are various ways in which beneficiaries of trusts can be categorised, depending ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to transfer the title of ownership to the person named as the new owner, in a trust instrument, called a beneficiary. A trustee can also be a person who is allowed to do certain tasks but not able to gain income, although that is untrue.''Black's Law Dictionary, Fifth Edition'' (1979), p. 1357, . Although in the strictest sense of the term a trustee is the holder of property on behalf of a beneficiary, the more expansive sense encompasses persons who serve, for example, on the board of trustees of an institution that operates for a charity, for the benefit of the general public, or a person in the local government. A trust can be set up either to benefit particular persons, or for any charitable purposes (but not generally for non-charitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence In English Law
Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction cannot "fairly be treated the expression of hat person'sfree will". Historically the doctrine had predominantly been invoked where the person who is exercising undue influence over another person either enters into a contract with the affected person or receives a gift from them. However, much of the recent case law relates to three party cases, where one person (often a husband) exerts undue influence on a second person (the wife) to enter into a transaction (providing a guarantee or security for the husband's debts) with a third party (often a bank). The doctrine originally developed because of perceived limitations in the law relating to duress. Although the modern law is different, previously in order to set aside a contract for duress it was necessary to show a thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Of Montreal V Stuart
''Bank of Montreal v Stuart'' is a decision of the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada. It deals with the principle of undue influence in relation to contracts, in the particular context of dealings between spouses. Decided in 1910, the case continues to be cited in the courts in Canada and in England and Wales. Facts Jane Stuart, the respondent to the action, was a resident of the province of Ontario. She owned considerable property in her own name. Her father had been a successful businessman and had given her a substantial house during his lifetime, and left his entire estate to her. The estate was estimated to be in the neighbourhood of $250,000, (which would be approximately $5,892,000 in 2021 dollars). Jane Stuart was married to John Stuart, a businessman who was a shareholder in the Maritime Sulphite Company, Limited, of Chatham, New Brunswick in Canada. That company had never turned a profit. Stuart and the othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CIBC Mortgages Plc V Pitt
is a decision of the House of Lords relating to undue influence. The decision confirmed that a person did not need to suffer "manifest disadvantage" under a transaction in order to challenge it for actual undue influence (as opposed to "presumed" undue influence). Facts In 1986 Mr Pitt told Mrs Pitt that he would like to borrow some money on the security of the family home and to use the loan to buy shares on the stock market. Mrs Pitt was not happy about this suggestion and made her feelings known to her husband. As a result, he embarked on a course of conduct putting pressure on Mrs Pitt which the trial judge held amounted to actual undue influence. In consequence, Mrs Pitt eventually agreed to the suggestion. The Pitts had originally purchased the house 1970; they still lived in it, with their two adult daughters. In 1986 the property was valued at £270,000, the only encumbrance on it being a mortgage in favour of a building society for the modest sum of £16,700. Mr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Bayley
''Williams v Bayley'' (1866) LR 1 HL 200 is an English contract law case relating to undue influence. Facts Mr Bayley’s son forged his father’s signature on promissory notes and gave them to Mr Williams. Mr Williams threatened Mr Bayley that he would bring criminal prosecution against his son unless he granted an equitable mortgage to get back the notes. Judgment House of Lords upheld the cancellation of the agreement, on account of undue influence. The agreement was cancelled on the ground that he was influenced by threat. See also *English contract law *Iniquitous pressure in English law *''Lloyds Bank Ltd v Bundy'' 975QB 326 *''Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contrac ...'' 350 F.2d 445 (C.A. D.C. 1965) Notes {{reflist, 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Clyde, Baron Clyde
James John Clyde, Baron Clyde, PC (29 January 1932 – 6 March 2009) was a Scottish judge. Biography James John Clyde was born in Edinburgh on 29 January 1932 the only son and youngest child of Margaret Letitia (1901–1974), (daughter of Arthur Edmund DuBuisson), and James Latham McDiarmid Clyde, (later Lord Clyde (1898–1975). . He is grandson of James Avon Clyde, Lord Clyde. He was attended Edinburgh Academy. In 1954 he graduated with a BA Literae Humaniores from Corpus Christi College, Oxford, and from the University of Edinburgh, graduating with a Bachelor of Laws in 1959. Clyde served in the Intelligence Corps from 1954 to 1956, and was admitted to the Faculty of Advocates in 1959. In 1971, he became a Queen's Counsel (Scotland) and was advocate-depute from 1973 to 1974. In 1972, he was made Chancellor to the Bishop of Argyll, and in 1979 Judge of the Courts of Appeal of Jersey and Guernsey, holding both posts until 1985. Between 1985 and 1996, Clyde was Senator of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Hodge, Lord Hodge
Patrick Stewart Hodge, Lord Hodge, PC (born 19 May 1953) is a British lawyer, currently serving as Deputy President of the Supreme Court of the United Kingdom. Early life Hodge was educated at Croftinloan School, an independent junior boarding school in Perthshire, and Trinity College, Glenalmond, also in Perthshire. He studied at Corpus Christi College, Cambridge (BA), and the University of Edinburgh School of Law (LLB), and worked as a civil servant at the Scottish Office between 1975 and 1978, before being admitted to the Faculty of Advocates in 1983. Legal career Hodge was appointed Standing Junior Counsel to the Department of Energy from 1989 to 1991, and to the Inland Revenue from 1991 to 1996, in which year he took silk. As a QC, his practice was mainly in commercial law, judicial review and property law. He served as a part-time Commissioner on the Scottish Law Commission from 1997–2003, and from 2000 to 2005 was a Judge of the Courts of Appeal of Jersey and Guernsey, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
