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Undue Influence - Relationships of T&C

Q: Principle from Allcard v Skinner (per Lindley LJ) *specific to gifts

'the gift is so large as not to be reasonably accounted for on the ground of friendship, relationship, charity, or other ordinary motives on which ordinary men act'

4 important questions on Undue Influence - Relationships of T&C

To establish a relationship of trust and confidence the complainant must show that either

a) There is a special relationship in which the law presumes trust and confidence; or
b) There is a relationship of 'actual trust and confidence'.

Presumptive Relationships of Trust and Confidence

Parent and child;
Guardian and ward;
Doctor and patient;
Solicitor and client;
Trustee and beneficiary or
Religious adviser and disciple.

Principle from LEAD Training Trust Ltd v Evans

Teacher and Student relationship presumed to be one of trust and confidence

Principle from Allcard v Skinner (per Lindley LJ)
*specific to gifts

"the gift is so large as not to be reasonably accounted for on the ground of friendship, relationship, charity, or other ordinary motives on which ordinary men act"

The question on the page originate from the summary of the following study material:

Masselot's Topics

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