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10 Cards in this Set
- Front
- Back
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Intro |
Remedy to set aside contract and return parties to position they were in prior to entering into the contract. Northern Bank v Charlton allowed recission when the court considers it just and equitable to restore the parties to their respective positions |
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Ground 1 - Misrep |
Fraudulent; Northern Bank v Charleton P misled D in answering questions. Set aside and awarded damages Lecky v Walter recission when contract complete as fraudulent
Innocent (only where contract not completed); Gahan v Boland allowed once intention to induce which did in fact induce, Intrum Justitia misrep need not be vital factor |
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Ground 2 - Mistake |
Common Mistake - Solle v Butcher, Bell v Lever Bros, Great Peace Shipping, O'Neill v Ryan
Unilateral Mistake- Monaghan Co Co v Vaughan, Irish Life v Dublin Land
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Ground 3 - Undue Influence |
Actual (Bank of Scotland v Bennett) v Presumed (RBS v Etridge)
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Cases of Automatic Presumed Undue Influence |
Carroll v Carroll parent/child Allcard v Skinner nun/Mother Superior McMakin v Hibernian adult daughter Lawless v Mansfield solicitor/client |
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Presumed in Cases of Relationships of Trust and Confidence |
Ulster Bank v Fitzgerald for claimant to prove with husband and wife Inche v Noriah aunt/nephew (illiteracy etc) Gregg v Kidd brother/sister (forceful) Simpson v Simpson husband/wife due to his mental impairment McGonigale v Black elderly alco, dependant on nephew and transferred farm Austrailian Garcia Case considers husbands and wives as separate from other RTC |
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Presumed Where Substantial Benefit |
Allcard v Skinner Carroll v Carroll
Manifest Disadvantage Theory NatWest Bank v Morgan developed theory CIBC v Pitt confined to PUI only Prendergast v Joyce Morgan rejected in Ireland |
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Rebutting the Presumption |
Through Independant Legal Advice and Free Will Leonard v Leonard free legal advice, while although lonely and vulnerable - free will Noonan v O'Connell inequality of uncle/nephew relationship required extra care in attaining totally independant legal advice Provincial Bank of Ireland v McKeever lack of legal advice not fatal as they understood McCormack v Bennett "astute man" got advice and transferred lands to daughter as recieved love and attention. No PUI Carroll v Carroll Not independant McCrystal v McKane solicitor acting for both should advise weaker to get independant advice Inche v Noriah advice didn't need to come from solicitor Elliot v Stamp "competant and honest lay advice" was enough |
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Third Party and Undue Influence |
Barclays Bank v O'Brien bank unaware but 'put on inquiry' CIBC v Pitt guarantee of benefit to wife as it would improve standard of living Ulster Bank v Fitzgerald not on inquiry when business loan beneficial to wife Etridge bank on inquiry when wife signs husbands debts Massey v Midland Bank extended to non-marital but stable relationships Credit Lyonnais insistence on legal advice rather than just explanation of instrument BOI v Smyth wife's consent not dependant on 3rd party knowledge Bank of Nova Scotia v Hogan tried to claim UI against Bank, not husband
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Presumed Where Unconscionable Transactions |
Parties not on equal terms and weaker party exploited (AIPI) Langton v Langton doctrine doesn't apply to gifts Grealish v Murphy criteria; serious disadvantage, undervalue, lack of legal advice Watkin v Watson Smith old age affecting judgement sufficient Prendergast v Joyce aunt at serious disadvantage due to mental impairment |
