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Equity > Undue Influence > Flashcards

Undue Influence Flashcards

1
Q

one party must have obtained benefit

A

Carroll v Carrol (1999) SC

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2
Q

tenderness of equity towards husband-wife relationship

A

Midland Bank v Massey 1995 All ER

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3
Q

reasonable steps case

A

Barclays Bank v O’Brien (1994) AC

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4
Q

Reasonable steps judge

A

Lord Browne Wilkinson

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5
Q

Reasonable steps

A
  • Private meeting
  • Explain Liability
  • Warn of risk
  • Suggest independent legal advice
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6
Q

Loan is not manifestly disadvantageous

A

CIBC Mortgages v Pitt (1994) AC

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7
Q

Banks do not have to follow Lord Browne Wilkenson precisely- substance

A

Midland Bank v Massey 1995 All ER

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8
Q

Wife has been made clear to in a meaningful way, the practical implication of her action

A

Royal Bank of Scotland v Etridge (2002) AC

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9
Q

Burden shifts to solicitor

A

Royal Bank of Scotland v Etridge (2002) AC

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10
Q

wife has financial stake in the business

A

Ulster Bank v Fitzgerald (2001) IEHC

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11
Q

Ulster Bank v Fitzgerald (2001) IEHC

A

Donovan J

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12
Q

bank obliged to take ‘at least some measures’

A

Ulster Bank v Roche 2012 IR

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13
Q

Ulster Bank v Roche 2012 IR

A

Clarke J

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14
Q

Busines woman in her own right

A

Ulster Bank v De Kretzer 2016 IECA

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15
Q

Ulster Bank v De Kretzer 2016 IECA

A

Hogan J

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16
Q

Relationship itself will not provide an arguable defence

A

Bank of Ireland v Curran
2016 IECA

17
Q

Unconscionable Bargain

A

Prendergast v Joyce 2009 IEHC

18
Q

Prendergast v Joyce 2009 IEHC

A

Gilligan J

Equity (8 decks)

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