Undue Influence Cases Study Guide Test.
Undue Influence Cases Study Guide Test.Williams v Bayley - correct answer Actual Undue Influence. - Son forged his father's signatory on several promissory notes. - Bank decided to propose that Bayley mortgage his house to pay them back in order to avoid his son's prosecution. Held: agreement to mortgage the property was invalid; the bank had accepted against ethics, justice and morality. Williams v Bayley (Lord Westbury - If a man agrees to guarantee another's liabilities he has to do so as a...) - correct answer ..."free and voluntary agent". This is not the case where a man's refusal to enter such a contract will lead to his son's criminal conviction. Allcard v Skinner - correct answer Nun gives up her possessions Cannot seek outside advice about property Decides she will give it to the sisterhood Years later, she leaves the sisterhood and wants her money back No pressure put on the plaintiff that was abnormal = no active wrongdoing. Mother Superior did not act selfishly; she must have regarded it as in the novice's own best interest to be divested of her worldly goods. Allcard v Skinner (Lindley LJ - C's consent wasn't defective, everything she did was...) - correct answer 'referable to her own willing submission to the vows she took and to the rules which she approved'.
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