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Gray v Binny, (1879) 7 R 332

Gray v Binny, (1879) 7 R 332


Citation: Gray v Binny, (1879) 7 R 332

Link to case on WorldLII.

Rule of thumb: Can you get out a contract if you feel that a person with power over you manipulated you into making it? Yes, potentially you can argue undue influence to annul the contract if 3 factors are present – (i) a dominant or ascendent relationship & trust encouraged you to do, (ii) a gratuitous benefit was obtained by this ascendent, and (iii) you did not get advice from an independent third party.

Judgment:

‘The circumstances which establish a case of undue influence are ... the existence of a relation between the granter and the grantee of the deed which creates a dominant or ascendant influence, the fact that confidence and trust arose from that relation, the fact that a material and gratuitous benefit was given to the prejudice of the granter, and the circumstance that the granter entered into the transaction without the benefit of independent advice or assistance’, Lord Shand at 347

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.