Duress and undue influence

Allcard v. Skinner 1887

The plaintiff joined a Protestant sisterhood.
When she wanted to leave, she claimed for the rest of her property remaining.

Her claim failed for delay.

Undue influence existed in this case since the plaintiff was bound not to seek independent advice while in the Order.
However, the plaintiff's claim was barred by her delay of five years after leaving the sisterhood in claiming the money.
As she was guilty of delay, the plaintiff was presumed to have affirmed her gift.

Kaufman v. Gerson 1904

G had taken money entrusted to him by K.
K threatened to prosecute G unless G's wife would make good the loss out of her own property.
G's wife agreed to do so to save her husband's honour.

The agreement was therefore voidable.

G's wife was not bound by her promise which was entered into under duress.