IBL Lecture 8 - Autumn 2009

Rebuttingthepresumption

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Unformatted text preview: is second type of undue influence is Johnson v Buttress (1936) 56 CLR 113. Johnson v Buttress (1936) 56 CLR 113 (1936) Facts: Facts: John Buttress was elderly, illiterate, recently widowed and heavily dependent on Mrs Johnson, who was a family friend. In fact, Mrs Johnson had looked after John Buttress after his wife had died. John Buttress gives Mrs Johnson, his house. When John Buttress signed the transfer in favour of Mrs Johnson, he did not understand that he had transferred the title indefeasibly. The defendant was John Buttress’ son. The transfer was signed in the office of the defendant’s solicitor but no advice was given to John Buttress. Upon the death of John Buttress, his son sought to have the transaction set aside on the basis of undue influence. Held: The court finds in favour of the son on the basis that because John Buttress had come to rely on Mrs Johnson, there existed the required relationship of trust and confidence. In this case the gift of the house was presumed to have resulted from the influence exerted by Johnson over Buttress. As Mrs Johnson had not rebutted the presumption, the gift was set aside. Actual domination: Actual domination: If a person cannot establish a relationship that would lead to a presumption of undue influence, she or he may still be able to prove undue influence through actual coercion or general...
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This note was uploaded on 04/21/2012 for the course LAW 101 taught by Professor Hicks during the Three '12 term at University of Technology, Sydney.

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