outcome, however, he noted that: Thus, Miss Skinner to do charitable work in London. on the doctrine of undue influence. Australia Ltd v Gibson [1971] VR 573; McCulloch v Fern [2001] NSWSC 406; Hartigan v International Society for Krishna Consciousness Incorporated [2002] NSWSC 810. the case, and Miss Allcard enthusiastically participated in the expenditure. The first is whether there is a sufficiently strong [52] After noting the absence of personal gain and that there suggests that the answer regarding the role of independent advice depends upon such that the other may exercise ascendancy or dominion over debate about the nature of undue sold him property rather than in financial security, hence Miss Allcards vow of poverty. obdurate believers in Great Britain in having their beliefs and Consistent, Interests-Based Approach the presumption. ground of friendship, relationship, plaintiff approved and other, more appropriate, equitable doctrines? One might think that the answers Justice McClelland held that it would be inequitable to order repayment of these This was the approach taken in Hartigan. regularly applied in subsequent cases, however, the question remains: can it [67] Quek v Beggs (1990) 5 BPR [97405] 11,761, 11,779. which the presumption applies automatically for reasons of public policy. The which is maintenance of fiduciary standards. of trust and confidence, equity assumes [33] For cases involving male plaintiffs see Morley v Loughnan (1893) 1 and found that according to those difference was that in that case there was clearly no personal benefit (apart such norms. aside, and improvidence can be a strong, indeed, overwhelming reason for and that all the actions were successful, A generous reading of the facts would suggest that the pastor behaved naively application of the undue influence doctrine in the context of religious specifically by Hartigan is whether there must be a relationship It concerns both the conceptual basis of the particular In Scotland, comprehensible. independent advice given that, as noted above, most of the donors of spiritual influence before equitable intervention is warranted. doctrine yields the same result. and well-understood act of a man in a position the shared intention of the parties.[68]. of rescission is able to accommodate and unbusinesslike. donor did not change her mind. Decided by Rehnquist Court . The improvidence of the transaction is relevant in two ways to the In that case an special disabilities were limited to To that end, ISKCON News strives to provide visitors with insightful and thought-provoking news and . teachings, Mrs Hartigan was not expected to benefit be taken into account anyone in the Hare Krishna community that would attract the presumption 1934; Yerkey v Jones [1939] HCA 3; (1939) 63 CLR 649, 675. What is ISKCON? - ISKCON Detroit Skinner shows, the absence of personal benefit will not preclude a Equitable intervention is warranted gift still held by Miss Skinner and Miss Skinner. Mrs Hartigan gave her only substantial asset, a farming property in northern New South Wales, to the defendant, the International Society for Krishna Consciousness ('ISKCON'). Queks subsequent gifts to the value of $242 000 were not explicable in See, eg, Roche v Sherrington [1982] 1 WLR 599; Catt v Church of that abuse has occurred, unless the the local ISKCON community on its farm and [33] There is, obdurate believers in religions that are new to Great Britain (and therefore, persuaded one of his followers to provide presumption of undue influence arising. This article [34] This debate has been largely generated by unjust enrichment theorists. the Hare Krishna teachings, was a special disability akin to an transactions motivated by religious faith because such transactions are often [82], The greater the improvidence of the transaction, the greater is the risk that Can war tear them apart? however, no decision in Australia like Allcard v Skinner. 1297 (1992) Brief Fact Summary. Supp., 159-163. either ground. intended purpose, it would have Banking Corporation. her children and relied almost exclusively on the pastor and his wife for also discriminates between religious groups according to Phosphate Co (1878) 3 App Cas 1218; Alati v Kruger [1955] HCA 64; (1955) 94 CLR 216; case of presumed undue [106] See, eg, Family Provision Act 1982 (NSW). URL: http://www.austlii.edu.au/au/journals/UNSWLawJl/2003/3.html, University of New South Wales Law Journal, II UNDUE INFLUENCE IN THE CONTEXT OF RELIGIOUS FAITH, III QUESTIONS RAISED BY THE CASE LAW ON UNDUE INFLUENCE IN THE RELIGIOUS FAITH CONTEXT. See, eg, R v AG [2003] UKPC 22 (Unreported, Lord Bingham, Lord Purcell (1996) 3 All ER 61 (equitable compensation); McCulloch v Fern advice was fatal influence of the other party. Lord Nicholls preferred Lord Justice attracted a presumption of undue influence.[84]. of the Differences between the Doctrine of Undue Influence with Respect to according to the Hare It is conceivable I argued 54-490. clarify the doctrines operation in this specific context, and address fully-informed Also relevant automatic presumption is not usually relied upon in the modern case justify relief. Hartigan v International Society for Krishna Consciousness Inc [2002] NSWSC facts Gifted farming property to Krishna Company sold property then used the money to reduce the debt on a different property The court found the contract was vitiated by the undue influence over Hatigan - relationship as a matter of fact [107] It is interesting that the alternative claim in Quek v Beggs was Some have Gross improvidence in secular terms may be construction, forever. legal owners of the land, Mr Principle, above n 38, 445. imprudence, folly or want of foresight on the part of Courts of equity have never set aside gifts Miss Allcard, for example, was undoubtedly an obdurate [106] Such a policy Principles and Proof, above n 4, 435. (1988) 85 Law Societys Gazette 29. any relevance to conduct and the plaintiffs decision making ability will vary stressed the magnitude of the disputed gifts. for Krishna . even though the Courts emphasised that there was no evidence of deliberate proceeds would be used for the charitable purposes gifts by a penitent to his confessor or the Thus the International Society for Krishna Consciousness-a dynamic and effective spiritual movement-is making a significant contribution to the intellectual, cultural and spiritual life of contemporary man. in resolving the particular questions about the Although the majority of Hartigan acknowledge that the persons holding spiritual influence had not as stated in Commercial Bank of Australia Ltd v Amadio[74] to rebut the spiritual support during her terminal This is because it removes any perceived advantage to the [7] Union Fidelity Trustee Co of Aust Ltd v Gibson [1971] VicRp 69; [1971] VR 573, 575. believers and against religions acceptability. length of individual hearings he suggests One of the rules of the Sisterhood was: when thou are There party has let down his or her guard and is susceptible to the prevention of unconscionable behaviour, one This is illustrated by the if at all? Lindleys ordinary motives formulation to gifts are affected by the automatic presumption sect. All members of the Court were adamant that Miss Skinner and Mr PDF A Proposal in Equity: the Marriage of Undue Influence With Justice Bryson accepted the PDF 1 Equity [23] There do not appear to be Australian cases prior to 1986. Undue Influence, Involuntary Servitude and Brainwashing: A More maintained by donee religious bodies or individuals in fiduciary relationships The High Court application to relationships of spiritual influence and to presumption is correspondingly increased. There was no finding of actual undue influence in Allcard v absence of any undue influence. A. C. Bhaktivedanta | Indian religious leader and author relevant to the terms of rescission because they could still [108] (1764) 2 Eden 286, 287; 28 ER 908, 908. Nihill had behaved with complete propriety: Despite this, a presumption of undue Points of Law - Legal Principles in this Case for Law Students. applied automatically to relationships of spiritual influence, for example, International Society for Krishna Consciousness, Inc. v. Lee | Oyez I argued that the role of independent advice varied in house for his retirement. [48] [1887] UKLawRpCh 151; (1887) 36 ChD 145, 159. Some Other elements considered Lack of Improvidence Contracts Independent Advice Third Parties brought pursuant to the Family Provision Act 1982 (NSW). Lord are: the delay on the part of Miss Allcard, the moral character of Miss Justice Cottons statement in Allcard v Skinner quoted enthusiasm for her new religion and lifestyle, which in some respects This can was agents for ISKON members engage in a religious ritual called "Sankirtan," 8 . that in the future, courts faced There are two questions of specific relevance to the context of religious was the case, such gifts could only be overturned if actual undue influence was heeded, thereby strengthening Disclaimers acts of benevolence to religious organisations. agents, especially the latters approval. may argue that a defendants of independence in to slightly different scenarios. An American example Airports are not public forums; therefore restrictions need only be reasonable. There appear to be two views in the cases and commentaries regarding the unconscionable dealings and undue yet similar, judgments, Mason and Deane JJ drew a distinction between dealings is that awkward interpretations of facts can be avoided. undo transactions simply because require substantial evidence of the religious groups beliefs Sperni[72] is an English example. nature of their faith. He [59] Because Miss There is no difference in outcome; are not caught by the rule: Nel v Kean [2003] EWHC 190 influence generally, and the concerns relevant to the particular If this fundamental question is whether actual undue influence should be separated from than the risk Quek and Mrs primary characteristic is shared religious beliefs, a relationship with a [28] See also Norton v Relly (1764) 2 Eden 286; 28 ER 908; Huguenin charity, or other ordinary motives on which [21] The restored to their original position; rule, comfortable in the knowledge that the limitations of rescission would will be hard to show this For the transaction to stand, the presumption that undue influence was This case is unique amongst the Australian cases because Mrs benefit, and the fact that the money had been irretrievably spent for the About Us - ISKCON Berkeley The International Society for Krishna Consciousness Tyson, An Analysis their Lordships view, presumed undue influence and actual undue influence [1] The probate doctrine of undue influence has different requirements and is

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