Citation(s) (1887) 36 Ch D 145 | ||
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Court Court of Appeal of England and Wales Similar Bank of Credit and Commerc, National Westminster Bank plc, Barclays Bank plc v O'Brien, Lloyds Bank Ltd v Bundy, Tate v Williamson | ||
Allcard v skinner 1887 36 ch d 145
Allcard v Skinner (1887) 36 Ch D 145 is an English contract law case dealing with undue influence. It is one of the leading cases in the area and in English unjust enrichment law.
Contents
Facts
Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superior of a religious order named "Protestant Sisters of the Poor". She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood.
Judgment
Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution. And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes.
Cotton LJ said,