Tate v Williamson

Tate v Williamson

Court	House of Lords
Citation(s)	(1886) LR 2 Ch App 55
Case opinions
Lord Chelmsford
Keywords
Undue influence

Tate v Williamson (1886) LR 2 Ch App 55 is an English contract law case relating to undue influence.

Facts

The defendant became the financial adviser to an Oxford University undergraduate who sold him his estate for half its value and then drank himself to death, aged 24. The executors applied for the transaction to be set aside.

Judgment

Lord Chelmsford held that the executors would be successful in setting the contract aside. ‘The jurisdiction exercised by courts of equity over the dealings of persons standing in certain fiduciary relations has always been regarded as one of the most salutary description… The courts have always been careful not to fetter this jurisdiction by defining the exact limits of its exercise.’

Cases on undue influence

Allcard v Skinner (1877) LR 36 Ch D 145

Williams v Bayley (1886) LR 1 HL 200

Tate v Williamson (1886) LR 2 Ch App 55

Bank of Montreal v Stuart [1911] AC 120

Lloyds Bank Ltd v Bundy [1974] EWCA Civ 8

National Westminster Bank plc v Morgan [1985] UKHL 2

BCCI v Aboody [1992] 4 All ER 955

CIBC Mortgages plc v Pitt [1993] UKHL 7

Barclays Bank plc v O'Brien [1993] 4 All ER 417

Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 41

National Westminster Bank plc v Amin [2002] UKHL 9

Hammond v Osborn [2002] EWCA Civ 885

National Commercial Bank of Jamaica v Hew [2003] UKPC 51

Pesticcio v Huet [2004] EWCA Civ 372

Thompson v Foy [2009] EWHC 1076 (Ch)

see Undue influence in English law

English contract law
Iniquitous pressure in English law
Lloyds Bank Ltd v Bundy [1975] QB 326
Williams v. Walker-Thomas Furniture Co. 350 F.2d 445 (C.A. D.C. 1965)

Notes

References

External links

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