Lecture on Law - Key Cases in Equity and Trusts

Overview

This lecture focuses on various key cases in the field of Equity and Trusts, exploring themes of undue influence, unconscionable dealing, and other vitiating factors.

Key Cases Discussed

1. Aboody [1990] 1 Q.B. 923

Discusses undue influence and the requirements for proving it.

2. Allcard v Skinner 36 Ch.D. 145

Explores the concept of undue influence in religious contexts and the implications on personal autonomy.

3. Australian Securities and Investments Commission v Kobelt [2019] HCA 18

Examines unconscionability in consumer credit.

4. Barton v Armstrong [1976] A.C. 104

Discusses duress and threats in contractual agreements.

5. Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362

Focuses on unconscionable dealing with emphasis on age and infirmity.

6. Commercial Bank of Australia Ltd v Amadio [1983] HCA 14

Landmark case on unconscionability in banking, highlighting the importance of informed consent.

7. Crescendo Management Pty Ltd v Westpac Banking Corporation

Investigates the application of economic duress.

8. Garcia v National Australia Bank Ltd [1998] HCA 48

Deals with "special equity" doctrine in marital relationships.

9. Inche [1929] A.C. 127

Addresses issues of undue influence and the burden of proof.

10. Kakavas v Crown Melbourne Limited [2013] HCA 25

Discusses self-induced vulnerability and commercial ethics.

11. Taylor v Johnson [1983] HCA 5

Focuses on mistake as a vitiating factor in contractual agreements.

12. Thorne v Kennedy [2017] HCA 49

Explores prenuptial agreements and undue influence.

13. Yerkey v Jones [1939] HCA 3

Examines "wife’s special equity" and its modern application.

Themes in Equity and Trusts

Undue Influence

Overview of how undue influence can vitiate contracts.
Importance of proving free will was compromised.

Unconscionable Dealing

Deals with unequal bargaining power.
Focus on protecting vulnerable parties.

Mistake and Duress

Examines how mistakes and economic duress can affect contracts.
Legal remedies available for affected parties.

Additional Resources

Illegitimate Pressure commentary 2025.docx
Mistake LMS 2025.pptx
Unconscionable Dealing commentary 2025.docx
Undue Influence Commentary 2025.docx
Vitiating Factors - Mistake commentary 2025.docx

These documents provide further detailed analysis on the topics covered in this lecture.

Conclusion

This lecture provides a comprehensive overview of critical cases and themes in Equity and Trust law, essential for understanding how these principles are applied in real-world situations.