In order to be fixed with constructive notice of undue influence, a mortgage lender must be put on…
Sale of land Undue influence
Sale of land – Undue influence – Presumption – Appellants being daughter of deceased and daughter’s husband – Deceased selling two properties and transferring net sale proceeds to appellants –…
Sale of property Undue influence
Will – Gift of land – Undue influence – Sons and siblings of deceased bringing separate proceedings against first defendant daughter of deceased and her husband alleging undue influence by…
Guarantees
Undue influence – Lease of commercial premises – Guarantee – Defendant employee of company – Company in poor financial position – Defendant induced to sign lease as guarantor of company…
Undue influence – Partition of farm – Claimant and defendant dissolving farming partnership and partitioning farm into two separate titles following end of relationship – Significant disparity in value between…
Mortgage – Enforcement – Undue influence – Appellant persuaded by husband to agree to remortgage of matrimonial home to refinance husband’s debts – Husband having clandestine affair and later obtaining…
Mortgage – Undue influence
Transfer of property – Undue influence – Claimant transferring property to defendant informally and without security – Defendant promising to pay part of mortgage to claimant – Defendant refusing to…
Proprietary estoppel – Undue influence