Cresswell v Potter (Note)
Jurisdiction | England & Wales |
Judgment Date | 1978 |
Date | 1978 |
Year | 1978 |
Court | Chancery Division |
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38 cases
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Lim Geok Hian v Lim Guan Chin
...Commerce International SA v Aboody [1990] 1 QB 923 (folld) Beckley v Newland (1723) 2 P Wms 182; 24 ER 691 (folld) Cresswell v Potter [1978] 1 WLR 255 (refd) Fry v Lane (1889) 40 Ch D 312 (refd) Harvey v Mount (1845) 8 Beav 439; 50 ER 172 (distd) Lai Kwee Lan v Ng Yew Lay [1989] 2 SLR (R) 2......
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Pek Nam Kee and Another v Peh Lam Kong and Another
... ... Neither did the Commissioner for Oaths explain the document. I note here that Nam Kee had made a statutory declaration in identical terms on 20 May 1989. Siew Hong ... established by the case of Fry v Lane [1886-90] All ER 1084 , as updated by Cresswell v Potter [1978] 2 WLR 255 , is that where a transaction is entered into by a poor and ignorant ... ...
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Stewart (Gordon), Andrew Reid, Bay Roc Ltd v Merrick (Herman) Samuels
...less highly educated," the latter requirement being applied in particular to the person's understanding of property transactions. ( Cresswell v. Potter (1968) [1978] 1 W.L.R. 255n. at 258, per Megarry J. (Post Office telephonist). Cf. Backhouse v. Backhouse [1978] 1 W.L.R. 243)." 89 The res......
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Chagos Islanders v Attorney General and Another
...Fry v Lane [1888] 15 Ch D 679. A modern description of those persons was provided by Megarry J in Cresswell v Potter1968 reported in [1978] 1 WLR 255. "Poor" was "of a lower income group" and not destitute; "ignorant" was "less highly educated". This needs to be judged in the light of the t......
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13 books & journal articles
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...Ltd v Amadio (1983) 151 CLR 447) as its starting point. 192 Oft-cited cases include Fry v Lane (1888) 40 Ch D 312 and Cresswell v Potter [1978] 1 WLR 255. The earliest cases were classified under the even more specific rubric of “expectant heirs” (see, for example, Nelson Enonchong, Duress,......
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CONSUMER PROTECTION, STATUTE AND
...All ER 944. 76 See Commercial Bank of Australia Ltd v Amadio(1983) 151 CLR 447. 77(1888) 40 Ch D 312 at 322. See also Cresswell v Potter[1978] 1 WLR 255. 78 See Rajabali Jumabhoy v Ameerali R Jumabhoy[1997] 2 SLR(R) 296 and E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd[2011] 2 S......
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NAVIGATING THE MINEFIELD OF EQUITY RELEASE PRODUCTS FOR ELDERS
...Ltd v Amadio(1983) 151 CLR 447. For the position in English law, which adopts a narrower version of the doctrine, see Cresswell v Potter[1978] 1 WLR 255 and Alec Lobb (Garages) Ltd v Total Oil (Great Britain) Ltd[1985] 1 WLR 173. Singapore tracks the English position: Rajabali Jumabhoy v Am......
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UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
...2 Ves Sen 125 at 155, “This court has an undoubted jurisdiction to relieve against every species of fraud.” 57 (1888) 40 Ch D 312. 58 [1978] 1 WLR 255, on the facts somewhat generous since the disadvantaged person was a post office telephonist of sound mind although unfamiliar with property......
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