Bank of Montreal v Stuart
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1911 |
| Date | 1911 |
| Court | Privy Council |
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119 cases
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PQR (mw) v STR
... ... Lloyds Bank v Rosset 4 concerned a wife`s rights in a property in which she had no legal title and which her ... rule on burden of proof stated by the Judicial Committee of the Privy Council in Bank of Montreal v Stuart 11 at p 137 that `in the case of husband and wife the burden of proving undue influence ... ...
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National Westminster Bank Plc v Morgan
...relationships which do not give rise to the presumption of undue influence (a notable example is that of husband and wife, Bank of Montreal v. Stuart [1911] A. C. 120); and there are plenty of non-confidential relationships in which one person relies upon the advice of another, e.g. many c......
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The Bank of Nova Scotia v Hogan
...SMYTH 1995 2 IR 459 BARCLAYS BANK V O'BRIEN 1993 QBD 109, 1994 1 AC 180 FAMILY HOME PROTECTION ACT 1976 S3(1) BANK OF MONTREAL V STEWART 1911 AC 120 YERKEY V JONES 1939 63 CLR 649 Synopsis: EQUITY Bank loan - security provided by way of equitable deposit of title deeds to three residenti......
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Kings North Trust Ltd v Bell and Others
...upheld unless the wife is shown to have had independent advice. See generally Shears and Sons Ltd. v. Jones 128 Law Times 218 and Bank of Montreal v. Stuart [1911] Appeal Cases 120. 14 Mrs. Bell relies, however, on well-established authorities, Turnbull v. Duval [1902] Appeal Cases 429 and ......
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9 books & journal articles
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Subject Index
...224Bank of England v Vagliano (1891) AC107.................................................. 234Bank of Montreal v Stuart [1911] AC120.................................................. 225 THE INTERNATIONAL JOURNAL OF EVIDENCE & PROOF 291 INDEXESCooper Industries, Inc. v LeathermanTool Grou......
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Contract Law
...cited by Sundaresh Menon CJ in support of this principle, viz, Sturge v Sturge(1849) 1 Beav 229 and Bank of Montreal v Jane Jacques Stuart[1911] AC 120, both concerned with undue influence, and Willis v Barron[1902] AC 271, a case involving an operative mistake. 12.103 More interestingly, p......
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Duress, Undue Influence, and Unconscionability
...Inche Noriah v Shaik Allie Bin Omar , [1929] AC 127 (PC) (nephew and elderly aunt) [ Inche Noriah ]. 121 Bank of Montreal v Stuart , [1911] AC 120 (PC) [ Stuart ]. Compare with Bank of Montreal v Duguid (2000), 185 DLR (4th) 458 (Ont CA) [ Duguid ]. Duress, Undue Influence, and Unconsciona......
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UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
...31 Lord Browne-Wilkinson in O’Briensupra n 15 at 198 noted that written warnings are not often read. 32 See, eg, Bank of Montreal v Stuart[1911] AC 120 (PC). 33 Although this is neither a necessary nor sufficient condition. Note also that in probate cases, there is no category of presumed u......
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