PROMISSORY ESTOPPEL
alleged promises and representations made by father-in-law to plaintiff in relation to transfer of all of shares in company owned by father-in-law to plaintiff
before death of father-in-law two-thirds of shares were transferred to defendants
plaintiff claims that defendants held shares on constructive trust for plaintiff
principles requiring caution when relying on uncorroborated representations made by deceased person
HELD
plaintiff has failed to establish that a promise or representation was made that whole of company would be hers
no enforceable contract between father-in-law and plaintiff
defendants did not induce breach of contract
no express trust created in plaintiff’s favour
no promissory estoppel
CONSTRUCTIVE TRUSTS
consideration of nature of constructive trust and when it can be said to arise
UNDUE INFLUENCE
circumstances of relationship between father-in-law and defendants would have raised presumption of undue influence which was not rebutted on facts of case
relief not granted on basis of undue influence as no claim based on this ground was relied upon by plaintiff
undue influence was only relied upon to resist defence to claim for specific performance