UNDUE INFLUENCE

ATTORNEY AS FIDUCIARY

What is it?

What Obligations arises from a fiduciary relationship?

IS ATTY/CLIENT RELATIONSHIP a type of Fiduciary ?

Demerara Bauxite Company Limited v. Hubbard:

What did Demerara Bauxite Hold?

Distinction between actual undue influence and presumed undue influence is made in which case?

what is the distinction between actual and presumed undue influence?

What is undue influence

What are the three cases to note under Presumed undue influence?

What does this case state -Longstaff v. Birtles?

What does this case state-Mason’s Hall Tavern Co v. Nokes?

What does this case state-Royal Bank of Scotland plc. v. Etridge (No 2) ?

Evidential Burden shifts to the Attorney to disapprove the presumption.
What case provides how this may be shown?

what does Demerara Bauxite Company Limited v. Hubbard say that the attorney must do to disapprove the presumption of undue influence?

Are there specific instances of undue influence?

What are the specific instances of undue influence?

Purchases by Atty from Client
Knowles v Francis

Sales by Atty to Client
Regier v. Campbell-Stuart

Loans by Atty to Client & Loans by Client to Atty
Re Eastmond (Harold)

Gifts to Atty by Client Wright v. Carter
Liles v Terry
Rhodes v Bate
Ramcoomarsingh v.AG
Goddard v Carlisle

Wright v Carter

Gifts to Atty by Client Wright v. Carter

Gifts to Atty by Client

Liles v Terry

Gifts to Atty by Client

Rhodes v Bate

Gifts to Atty by Client

Ramcoomarsingh v.AG

Gifts to Atty by Client
Goddard v Carlisle

Gifts to Atty by Client
Wright v Carter

Atty as Agent on Sale
McPherson v Watt

Atty as Agent on Purchase

Atty purchases subject matter of litigation Knowles v Francis

Bequests and Devises to Atty Ramcoomarsingh v.AG

Bequests and Devises to Atty
Re A Solicitor