X farmed a land with Plaintiffs and was the sole trustee. He sold the land to Defendant but, unbeknown to Defendant, was of unsound mind.
Plaintiffs sought to have the agreement set aside on the ground of equitable fraud.
Privy Council denied this, as the same standards of equitable fraud applied to a person who was ostensibly sane to a person who was in fact sane. There was nothing wrong with Defendant’s conduct. There was no unconscionable bargain since there was no taking advantage etc.
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Trusts and Equity | Trust Remedies Including Tracing Knowing Receipt Trust Dutiies And Powers And Equitable Damages Notes (60 pages) |