Johnson v Buttress (1936) 56 CLR 113

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Facts
  • A 67 year old man is illiterate, of low intelligence and has no experience in business affairs
  • After the death of his wife, he transfers their property to a blood relation of his wife
  • The deed was signed in the office of the defendant’s solicitor and the old man never had any independent advice
Held
  • Due to the relationship between the parties, there was an assumption of undue influence
  • Therefore the onus of proof was on the defendant to show she had not unfairly influenced the old man
  • She couldn’t do that and so she did not discharge the assumption

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