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Tate V Williamson
''Tate v Williamson'' (1886) LR 2 Ch App 55 is an English contract law case relating to undue influence. Facts The defendant became the financial adviser to an Oxford University undergraduate who sold him his estate for half its value and then drank himself to death, aged 24. The executors applied for the transaction to be set aside. Judgment Lord Chelmsford held that the executors would be successful in setting the contract aside. ‘The jurisdiction exercised by courts of equity over the dealings of persons standing in certain fiduciary relations has always been regarded as one of the most salutary description… The courts have always been careful not to fetter this jurisdiction by defining the exact limits of its exercise.’ See also *English contract law * Iniquitous pressure in English law *''Lloyds Bank Ltd v Bundy'' 975QB 326 *''Williams v. Walker-Thomas Furniture Co. ''Williams v. Walker-Thomas Furniture Co.'', 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, wri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their vic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence In English Law
Undue influence in English law is a field of English contract law, contract law and English property law, property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction "ought not fairly to be as treated the expression of [that] person's free will". Historically, the doctrine had predominantly been invoked where the person who is exercising undue influence over another person either enters into a contract with the affected person or receives a Gift (law), gift from them. However, much of the recent case law relates to three party cases, where one person (often a husband) exerts undue influence on a second person (the wife) to enter into a transaction (providing a guarantee or security for the husband's debts) with a third party (often a bank). The doctrine originally developed because of perceived limitations in the Duress in English law, law relating to duress. Although the modern law is differ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University
The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the second-oldest continuously operating university globally. It expanded rapidly from 1167, when Henry II prohibited English students from attending the University of Paris. When disputes erupted between students and the Oxford townspeople, some Oxford academics fled northeast to Cambridge, where they established the University of Cambridge in 1209. The two English ancient universities share many common features and are jointly referred to as ''Oxbridge''. The University of Oxford comprises 43 constituent colleges, consisting of 36 semi-autonomous colleges, four permanent private halls and three societies (colleges that are departments of the university, without their own royal charter). and a range of academic departments that are organised into four divisions. Each college ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iniquitous Pressure In English Law
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences. Considerable controversy is still present over whether "iniquitous pressure" must actually be exercised by a defendant in order for a voluntary ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyds Bank Ltd V Bundy
''Lloyds Bank Ltd v Bundy'' is a decision of the English Court of Appeal in English contract law, dealing with undue influence. One of the three judges hearing the case, Lord Denning MR, advanced the argument that under English law, all impairments of autonomy could be collected under a single principle of "inequality of bargaining power", but the other two judges were not drawn into commenting on Denning's argument. Facts Herbert James Bundy was a farmer. His son, Michael, owned a business that was in financial trouble. Bundy had already guaranteed his son's business with a £7,500 charge over his only asset, his farmhouse, to Lloyds Bank. Michael's company got into further financial difficulty. Bundy then increased his exposure to £11,000 after the assistant manager of Lloyds failed to notify him of the company's true financial condition. Lloyds foreclosed on the house when the money was not paid. In the subsequent court proceedings, Bundy had a heart attack in the witness box ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V
Williams may refer to: People * Williams (surname), a surname English in origin, but popular in Wales, 3rd most common in the United Kingdom * Williams Nwaneri, American football player Places Astronomy * Williams (lunar crater) * Williams (Martian crater) Australia * Williams, Western Australia * Shire of Williams * Williams River (other) Canada * Williams Cone, a volcanic cone in British Columbia United States * Williams Gap, a mountain pass in Nebraska * Williams River (other) Communities *Williams, Arizona *Williams, California, in Colusa County * Williams, Adams County, Indiana * Williams, Lawrence County, Indiana *Williams, Iowa *Williams, Minnesota * Williams, Nebraska * Williams, Oregon *Williams, South Carolina *Williams County, North Dakota *Williams County, Ohio *Williams Township, Michigan *Williams Township, Minnesota *Williams Township, Dauphin County, Pennsylvania *Williams Township, Northampton County, Pennsylvania *Williams Bay, Wisco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unconscionability Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestler ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses generally have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into the kitchen or another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1886 In Case Law
Events January * January 1 – Upper Burma is formally annexed to British Burma, following its conquest in the Third Anglo-Burmese War of November 1885. * January 5– 9 – Robert Louis Stevenson's novella ''Strange Case of Dr Jekyll and Mr Hyde'' is published in New York and London. * January 16 – A resolution is passed in the German Parliament to condemn the Prussian deportations, the politically motivated mass expulsion of ethnic Poles and Jews from Prussia, initiated by Otto von Bismarck. * January 18 – Modern field hockey is born with the formation of The Hockey Association in England. * January 29 – Karl Benz patents the first successful gasoline-driven automobile, the Benz Patent-Motorwagen (built in 1885). February * February 6– 9 – Seattle riot of 1886: Anti-Chinese sentiments result in riots in Seattle, Washington. * February 8 – The West End Riots following a popular meeting in Trafalgar Square, London. * February ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
