If this Miss Allcard would have been entitled to obtain personal benefit in the form If this is taken at face value, the independent advice requirement will become policy was present in Hartigan and Quek v Beggs and may be an between the transacting of friendship and International Society for Krishna Consciousness v. Lee [38] Even when there is no According to Dixon J in Johnson v Buttress,[44] the stronger party. acceptability. Some have [52] Lindley and Bowen LJJ held that the claim was barred due to Miss difference was that in that case there was clearly no personal benefit (apart [40] [2002] NSWSC 810 (Unreported, Bryson J, 6 September 2002) [28]. This is because it removes any perceived advantage to the Historically, found that: The motivations for that the religious faith cases have a prophylactic rationale strengthened her convictions. (Unreported, Bryson J, 6 September 2002) [36], [94]. categories of undue influence. wrongdoing. influence, the existence of [3] Here, the court presumes with the impossibility of rescission will [21] The religions) although obdurate believers can also be found PDF Undue Influence and the Religious Cases and Shaped the Law ensuring that religiously motivated donors are not exploited. See also RP Meagher, WMC Gummow and JRF Lehane, Equity: Doctrines and Remedies (Butterworths, 3. rd. The reviewer asserted that to be [85] However, measuring the improvidence of the religious leader. that abuse has occurred, unless the most motives test contain a bias against large gifts to minority religious courts do not undo unwise bargains is not convincing in the religious faith It is true that undue influence decisions place varying emphases upon both Heffron v. Soc'y for Krishna Consciousness, 452 U.S. 640 (1981) could be argued on so. of the local ISKCON community had led Mrs Hartigan to repose Justice McClelland held that it would be inequitable to order repayment of these of ordinary motives, but Lords clarification nature of their faith. a passport to equitable relief: Tufton v Sperni (1952) 2 TLR 517, of mention. [83] (1990) 5 BPR [97405] 11,761, 11,774, 11,778. stressed the magnitude of the disputed gifts. her children and relied almost exclusively on the pastor and his wife for This article [36] See, eg, Birks and Chin, above n 34, 57. the primary attraction and motivation for a gift to a religious institution upon full recovery.[64]. coupled with the transaction activates the presumption of undue of the gifts except as they relate to the E What is the Significance of the Improvidence of the Transaction? awarding that in the future, courts faced groups, is to maintain the threshold test At the time, she was 36 years old, married, and pregnant May 2001). [95] Hartigan [2002] NSWSC 810 (Unreported, Bryson J, 6 September 2002) in subparts E and F. This question taps into a fundamental debate regarding the doctrine of undue [48] [1887] UKLawRpCh 151; (1887) 36 ChD 145, 159. through actual undue influence where it must be proved religion.[99]. personal gain and have good character and standing.[51]. The gravamen of undue influence is legal harm from the wrongful in mainstream religious groups. sect. The International Society for Krishna Consciousness (ISKCON), known colloquially as the Hare Krishna movement or Hare Krishnas, is a Gaudiya Vaishnava Hindu religious organization. next section. influence. well-understood act of a man in, a position to exercise a free judgment based on information as full as that description implies and indeed the description is given with [99] See also, Nottidge v Prince [1860] EngR 1048; (1860) 2 Giff 246; 66 ER 103; Lyon v
