What is the test for determining whether a person can be found guilty of fraud by reason of misusing money given to him as a gift?

Alberta, Canada


The following excerpt is from Goodman Estate v. Geffen, 1989 ABCA 206 (CanLII):

In Goldsworthy v. Brickell and others, [1987] 1 All E.R. 853 (C.A. 1986), Lord Justice Nourse indicated (at p. 865) that the question to be answered is whether the gift was so large, or the transaction so improvident, "as not to be reasonably accounted for on the ground of friendship, relationship, charity or other ordinary motives on which ordinary men act."

Other Questions


Is the grossly unfair test for determining whether a person can be found guilty of a gross negligence offence? (British Columbia, Canada)
What is the test for determining whether a person can be found guilty of sexual assault under s. 27(1)(b) of the Criminal Code? (British Columbia, Canada)
What is the principle of common law use in determining whether a person can be found guilty of a criminal offence under the Criminal Code? (Saskatchewan, Canada)
What is the test for determining whether an employee has been found guilty of misconduct by reason of gross misconduct? (British Columbia, Canada)
What is the rule of law in the Courts in England and Wales when it comes to determining whether a person can be found guilty of perverting the course of justice? (Ontario, Canada)
What is the test for determining whether a person has been found guilty of a charge of common assault? (Ontario, Canada)
What is the legal test for determining whether a person can be found guilty of sexual assault? (British Columbia, Canada)
What is the test for determining whether a person can be found guilty of a common law offence? (British Columbia, Canada)
What are the legal tests for determining whether a person can be found guilty of a criminal offence? (British Columbia, Canada)
What is the test for determining whether a person can be found guilty of a sexual assault? (Ontario, Canada)