What is the test for establishing that poor and ignorant persons entitled to a reversionary interest have been induced to sell at an undervalue?

Newfoundland and Labrador, Canada


The following excerpt is from Downer v Pitcher, 2017 NLCA 13 (CanLII):

The decision of Kay J. in Fry v. Lane (1888), 40 Ch. D. 312, which dealt with a case of poor and ignorant persons entitled to a reversionary interest who were induced to sell at an undervalue without independent advice, attempted to express the applicable principles in terms of the ignorance and vulnerability of the vendors, regardless of their reversionary status, thus providing a more general and broader principle for the exercise of the equitable jurisdiction.

Other Questions


In what circumstances will next of kin be able to claim a beneficial interest in the estate of a deceased person? (Newfoundland and Labrador, Canada)
What is the test for establishing a substantial proprietorship in the intestate? (Newfoundland and Labrador, Canada)
When will a lawyer be found to have a disqualifying conflict of interest if their client’s consent is not sufficient? (Newfoundland and Labrador, Canada)
Is a successful appellant entitled to costs for a Rule 38 appeal? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
What is the difference between general and aggravated damages in a personal injury case? (Newfoundland and Labrador, Canada)
What are the implications of a long-term, long term relationship on the property of a person who is not in a marriage? (Newfoundland and Labrador, Canada)
What is the test for establishing a business as an investment vehicle? (Newfoundland and Labrador, Canada)
What is the necessity for parties to consider electronic evidence provisions alongside more established rules? (Newfoundland and Labrador, Canada)
What is the range of damages for personal injury sustained by a libel action? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.