Allcard v Skinner (1887)

Contract I · Free Consent

Facts.

A young woman, on joining a religious sisterhood, gave most of her property to the mother superior under a vow of poverty. Years after leaving, she sought to recover what remained.

Issue.

Where a relationship of influence exists, who must prove the gift was free from undue influence?

Held.

Such gifts are presumed to be the product of undue influence, and the burden lies on the donee (the dominant party) to prove the donor acted freely and on independent advice. (On the facts, recovery was barred by delay/laches.)

Why it matters.

It is the leading authority on the presumption of undue influence and the shifting burden of proof — directly applicable to the spiritual-adviser and trusted-relation problems.

📄 Full Contract I notes + Question Bank (₹249) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · All landmark cases · All Contract-I topics