Gibson’s executor v Anderson, 1925 SC 774
Citation: Gibson’s executor v Anderson, 1925 SC 774
Rule of thumb: Where a weak person has entered a bad deal due to a silver-tongued & exaggerative sales person, can this contract be annulled? Yes, if it can be proved (a) the person was of an objectively weak mind, and (b) sales chat which was not clear & well explained was used to enter the bargain (even if there was nothing dishonest and it was just hyperbole & exaggeration).
Judgment:
This case affirmed the principle of ‘irresistible will suggestions in facility and circumvention’ – this affirmed that when a testator is vulnerable and a 3rd party is close to them, then the standard for what are considered to be appropriate comments by this 3rd party to the testator is much higher, and this can lead to the testator’s transactions and agreements related to this 3rd party being invalid, ‘... a person in such a mental state that he is unable to resist pressure, and ... someone else can mould and fashion his conduct as he pleases’, Lord Justice-Clerk Alness at 790 (Parnie v MacLean, ‘Things that might be right to do with a strong minded person become wrong when done for your own benefit towards a person who is ... facile ... the question is whether, facility existing, there had been either distinct machinations, tricks, importunities, solicitations, even suggestions, towards the testator while the testator’s facility was such that he was not in a position to resist... It is not necessary that there should be deceit... The degree of circumvention would depend on the degree of facility’, Lord Kyllachy, referred to at 788)
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.