Equity and Trusts Exam Preparation
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1. Undue Influence Dominant party must not, in bringing about a transaction, take advantage of his
or her influence over another for personal benefit.
2. Actual Undue In- Express use of influence which brought about the transaction so that plaintiff's
fluence actions are not free and voluntary - must prove both existence of actual influence
and improper use of influence.
3. Presumed Undue Presumes the transaction came about as a result of the undue influence; arises
Influence where the party in the receipt of a benefit or contractual advantage is in a
relationship that gives authority or influence over the other.
4. Union Bank Case that illustrates the concept of undue influence.
of Australia v
Whitelaw
5. Hart v Burbidge Case that clarifies that undue influence targets impairment of judgment of the
weaker party, not improper conduct on the part of the stronger party.
6. Johnson v But- Case establishing the onus on Defendant to show transaction entered after 'full
tress free and informed thought'.
7. Zamet v Hyman Case that discusses the basis of preventing unconscientious use of any special
capacity or opportunity affecting the alienor's will or freedom of judgement.
8. Allard v Skinner Case that discusses establishing express undue influence and the burden of proof
resting on a party seeking to avoid a transaction for actual undue influence.
9. Parent and Child A presumed relationship of influence until the contrary is shown, includes un-
Relationship cle-niece, loco parentis.
, Equity and Trusts Exam Preparation
Study online at https://quizlet.com/_fz3c2h
10. Bank of New Case where P resided with uncle due to father's death, illustrating a presumed
South Wales v relationship of influence.
Rogers
11. Factors of Undue Reliance on guidance or advice; awareness of reliance; benefit received; element
Influence of confidentiality.
12. Defences to Un- Stronger party can argue righteousness of the transaction; improvidence of the
due Influence deed; independent advice; adequacy of consideration.
13. Remedies for Un- Same as for unconscionable bargains.
due Influence
14. Third Party Liabil- Consideration of whether any third parties are involved in the facts of undue
ity influence.
15. Breach of Undue Stronger party taking advantage of the special relationship.
Influence
16. Equitable Obliga- Establish the equitable obligation in cases of undue influence.
tion
17. Special Relation- A relationship where one party has influence over another, which may be actual
ship of Influence or presumed.
18. Impairment of The target of undue influence, focusing on the weaker party's ability to make
Judgment independent decisions.
19. Coercion Unfair and improper conduct that may establish actual undue influence.
20. Burden of Proof Rests on the party seeking to avoid a transaction for actual undue influence.
21. Equitable De- Defences that may apply in cases of undue influence.
fences
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Study online at https://quizlet.com/_fz3c2h
22. Confidential Re- A relationship where one party has a duty to act in the best interest of the other,
lationship relevant in undue influence cases.
23. Gift without Inde- A scenario where a party transfers property without receiving independent advice,
pendent Advice raising concerns of undue influence.
24. Antecedent Rela- A prior relationship that may cast doubt on whether undue influence was exerted.
tionship
25. Influencer's Mo- The influencer need not have an improper motive for undue influence to be
tive established.
26. Relationship Cat- Categories that may establish presumed undue influence include parent/child,
egories guardian/ward, and solicitor/client.
27. Equitable Doc- Undue influence is an equitable doctrine developed to provide relief where a gift
trine or contract was not the product of a free and independent will.
28. Presumption of Assumption that influence exists in certain relationships.
Undue Influence
29. Hogg v Hogg Case establishing parent-child confidence presumption.
30. Guardian and Legal relationship with inherent trust and confidence.
Ward
31. Allcard v Skinner Case involving spiritual advisor's influence over devotee.
32. Powell v Powell Solicitor-client relationship presumes trust and reliance.
33. Dent v Bennett Doctor-patient relationship involves trust and reliance.
34. Ellis v Barker Fiduciary relationship between trustee and beneficiary.
35. Case highlighting influence in pre-nuptial agreements.
Study online at https://quizlet.com/_fz3c2h
1. Undue Influence Dominant party must not, in bringing about a transaction, take advantage of his
or her influence over another for personal benefit.
2. Actual Undue In- Express use of influence which brought about the transaction so that plaintiff's
fluence actions are not free and voluntary - must prove both existence of actual influence
and improper use of influence.
3. Presumed Undue Presumes the transaction came about as a result of the undue influence; arises
Influence where the party in the receipt of a benefit or contractual advantage is in a
relationship that gives authority or influence over the other.
4. Union Bank Case that illustrates the concept of undue influence.
of Australia v
Whitelaw
5. Hart v Burbidge Case that clarifies that undue influence targets impairment of judgment of the
weaker party, not improper conduct on the part of the stronger party.
6. Johnson v But- Case establishing the onus on Defendant to show transaction entered after 'full
tress free and informed thought'.
7. Zamet v Hyman Case that discusses the basis of preventing unconscientious use of any special
capacity or opportunity affecting the alienor's will or freedom of judgement.
8. Allard v Skinner Case that discusses establishing express undue influence and the burden of proof
resting on a party seeking to avoid a transaction for actual undue influence.
9. Parent and Child A presumed relationship of influence until the contrary is shown, includes un-
Relationship cle-niece, loco parentis.
, Equity and Trusts Exam Preparation
Study online at https://quizlet.com/_fz3c2h
10. Bank of New Case where P resided with uncle due to father's death, illustrating a presumed
South Wales v relationship of influence.
Rogers
11. Factors of Undue Reliance on guidance or advice; awareness of reliance; benefit received; element
Influence of confidentiality.
12. Defences to Un- Stronger party can argue righteousness of the transaction; improvidence of the
due Influence deed; independent advice; adequacy of consideration.
13. Remedies for Un- Same as for unconscionable bargains.
due Influence
14. Third Party Liabil- Consideration of whether any third parties are involved in the facts of undue
ity influence.
15. Breach of Undue Stronger party taking advantage of the special relationship.
Influence
16. Equitable Obliga- Establish the equitable obligation in cases of undue influence.
tion
17. Special Relation- A relationship where one party has influence over another, which may be actual
ship of Influence or presumed.
18. Impairment of The target of undue influence, focusing on the weaker party's ability to make
Judgment independent decisions.
19. Coercion Unfair and improper conduct that may establish actual undue influence.
20. Burden of Proof Rests on the party seeking to avoid a transaction for actual undue influence.
21. Equitable De- Defences that may apply in cases of undue influence.
fences
, Equity and Trusts Exam Preparation
Study online at https://quizlet.com/_fz3c2h
22. Confidential Re- A relationship where one party has a duty to act in the best interest of the other,
lationship relevant in undue influence cases.
23. Gift without Inde- A scenario where a party transfers property without receiving independent advice,
pendent Advice raising concerns of undue influence.
24. Antecedent Rela- A prior relationship that may cast doubt on whether undue influence was exerted.
tionship
25. Influencer's Mo- The influencer need not have an improper motive for undue influence to be
tive established.
26. Relationship Cat- Categories that may establish presumed undue influence include parent/child,
egories guardian/ward, and solicitor/client.
27. Equitable Doc- Undue influence is an equitable doctrine developed to provide relief where a gift
trine or contract was not the product of a free and independent will.
28. Presumption of Assumption that influence exists in certain relationships.
Undue Influence
29. Hogg v Hogg Case establishing parent-child confidence presumption.
30. Guardian and Legal relationship with inherent trust and confidence.
Ward
31. Allcard v Skinner Case involving spiritual advisor's influence over devotee.
32. Powell v Powell Solicitor-client relationship presumes trust and reliance.
33. Dent v Bennett Doctor-patient relationship involves trust and reliance.
34. Ellis v Barker Fiduciary relationship between trustee and beneficiary.
35. Case highlighting influence in pre-nuptial agreements.
