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Hammond v Osborn [2002]

Facts

  • Following the death of relatives, a man became friends with his neighbour, who saw him frequently and helped him out
  • The man made significant gifts to the neighbour, amounting to ~£300,000, over 90% of his estate

Issue

  • Could such gifts be returned due to undue influence

Decision

  • Yes

Reasoning

  • Etridge focuses on a very “defendant-sided” buy xanax dubai version of events. In fact, the presumption of undue influence could only be rebutted by showing that the neighbour had taken gifts by the man’s free and informed consent
  • Unfortunately, no wrongdoing on her part could not rebut the presumption of undue influence
  • The gifts were set aside
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