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    I have a question that I hope we will help me in solving, the question is:

    Are any of the following alternative situations cases of undue influence. If so what type of undue influence? Explain the possible claims and defences using case law.

    1. Fransiska is a rich artist and is very ill. She is being looked after by Mrs X and her daughter. She is estranged from her family who never visit her. She is totally dependant on Mrs X and daughter. After she dies a recent will is found which leaves everything to Mrs X and her daughter, completely cutting out the family.

    2. Cadfael persuades Zebedee to join an order of Benedictine monks and give over all his inheritance to the order. He leaves 12 years later and wants to reclaim what is left of his money – can he do so?

    3. Natasha, a young girl, is persuaded by her boss Boris to sign an unlimited surety on her home for his business debts, owned in joint names in order to cover his business debts. The bank gives Boris the papers to take home to Natasha and asks him to explain the loan to her. He lies to her about the extent of the debts. However, the bank asks her to get the advice of a solicitor. She does get advice, but uses Boris’s solicitor who is known to the bank. The solicitor advises her but fails to explain the full extent of the debt. The solicitor confirms to the bank that he has advised Natasha. She then signs the surety.


    Please help me asap
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    This is the second thread you've created asking people to do work for you recently - why can't you at least begin to approach it yourself?
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    Thank you Smtn for your reply. I am sorry if my thread bothered you. I did not intend to make people do my work, I just wanted to make sure that I have done the right thing in my research. I have researched the question but want to make sure that I am on the right track.

    I am sorry once again, and if you do not believe that I have undergone research I will post to you what I have reached, but as a student I just wanted to make sure that I am right as this - I think - is what this forum is about.

    Thank you
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    (Original post by Smtn)
    This is the second thread you've created asking people to do work for you recently - why can't you at least begin to approach it yourself?
    (Original post by nonii)
    as a student I just wanted to make sure that I am right as this - I think - is what this forum is about.
    In the future, perhaps if you post the question along with your research/approach, that way people can give you feedback on what you've done so far. That way, they have confidence that you aren't just looking for answers, and you can have the confidence that they're giving you comments on what you want.
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    MelesMeles - I will do that..thank you very much
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    Will anyone help?
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    (Original post by nonii)
    Will anyone help?
    As suggested above, if you set out your thoughts so far then we might be able to assist.
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    Ok..I'll put up what cases I have found relavant to each circumstance and what class of undue influence applies to each circumstance


    Here is what I have got.

    A. there is nothing to indicate that Fransiska was unduly pressurised to bequeth her will to Mrs and her daughter. Since this is a case of presumption Mrs. X must prove that she was faithful to Fransiska as a guardian and that there was absence of undue influence during her relationship with Fransiska. However, I am still not sure which class 2.a or 2.b applies to this case.

    The cases which are relevant here: Hammond v. Osborn [200] (maybe other cases are also applicable, what do you suggest?)

    b. this is a class 2a, as a presumed undue influence, and the case that applies here is Allcard v Skinner (1887)

    c. this is a class 2b as there is a relationship involving an employer Credit Lyonnaise Bank v Burch, and constructive notice also applies here so have to look at the case of Barclays Bank v O'Brien for constructive notice and RBS v Etridge on the steps needed to avoid constructive notice.

    This is what I have got in brief, is it right? and does anyone have anymore cases that are relevant. I am really unsure about Franciska's case so please help me with this one, and please do this today.

    Kind regards
 
 
 
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