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Nichols v Jessup [1986, New Zealand]

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
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