Turnbull & Company v Duval

JurisdictionUK Non-devolved
CourtPrivy Council
Judgment Date1902
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51 cases
  • Barclays Bank Plc v O'Brien
    • United Kingdom
    • House of Lords
    • 21 Octubre 1993
    ...mind I turn to consider the existing state of the law. The whole of modern law is derived from the decision of the Privy Council in Turnbull & Co. v. Duval [1902] A.C. 429 which, as I will seek to demonstrate, provides an uncertain foundation. Before considering that case however, I must c......
  • Barclays Bank Plc v O'Brien
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 Mayo 1992
    ...the authorities in order to try and identify the principle which they establish. 32 The authorities 33I can begin, I think, with Turnbull v. Duval [1902] A.C. 329, in which the judgment of the Privy Council was given by Lord Lindley. In this case a married woman, Mrs. Duval, gave security o......
  • Kings North Trust Ltd v Bell and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 Febrero 1985
    ...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 Chaplin v. Brammall [1908] 1 King's Bench 233, which show that if a creditor, or potential creditor, of a husban......
  • Provincial Bank of Ireland v McKeever
    • Ireland
    • High Court
    • 31 Julio 1941
    ...claim under the trustee. Dictum of Fry J. in Bainbrigge v. BrowneELR, 18 Ch. D. 188, at p. 197, discussed; Turnbull & Co. v. DuvalELR, [1902] A. C. 429, applied. The presumption of undue influence may be rebutted, irrespective of whether or not the cestui que trust has had independent advic......
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2 books & journal articles
  • Men Behaving Badly: An Analysis of English Undue Influence Cases
    • United Kingdom
    • Social & Legal Studies No. 11-2, June 2002
    • 1 Junio 2002
    ...Johnson [1979] AC 24Dusangh: Portman Building Society v. Dusangh and others [2000] Lloyd’s Law Reports 197 Duval: Turnbull & Co v. Duval [1902] AC 429Etridge (No. 2) (CA): Royal Bank of Scotland plc v. Etridge (No. 2) and other appeals [1998] 4 All ER 705 Etridge (HL): Royal Bank of Scotlan......
  • Infants, Lunatics and Married Women: Equitable Protection in Garcia v National Australia Bank
    • United Kingdom
    • The Modern Law Review No. 62-4, July 1999
    • 1 Julio 1999
    ...3 above, 622–3, per Gaudron, McHugh, Gummow and Hayne JJ; at 640, per Kirby J; at 647, perCallinan J.21 (1996) 39 NSWLR 577 at 594–597.22 [1902] AC 429.23 See, for example, M. Dixon and C. Harpum, ‘Fraud, Undue Influence and Mortgages of RegisteredLand’ [1994] Conv 421.July 1999] Garcia vNA......

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