Facts
- Nichols wished to increase access to his land, at the rear of Jessup’s land
- Jessup agreed to that Nichols could amalgamate their driveways, increasing the value of Nichols land significantly and devaluing Jessup’s
Issue
- Could the agreement be set aside
Decision
- Yes
Reasoning
- Although Nichols did not know of a specific disability, a general suspicion of incapacity allowed unconscionable conduct to be found
