Promises
It happens all the time: we promise our parents something, and we never ended up carrying out the act which we promised. Sometimes we have a tendency to take our parents for granted…
Of course, for trivial things like, “I promise to take out the trash”, it is still okay to “accidentally forget” that we had promised so. Our parents get angry and scold us for a bit and get over it.
But what if you made a huge promise?
In Thompson v Foy, the daughter, upon her mother’s encouragement, built an extension to the family home and subsequently had the house transferred by the mother to the daughter. The daughter later mortgaged it to the bank. The mother’s initial plan was that part of the monies released will be given to her so she could start a new life in Spain. Of course, the daughter had failed to giver her mother the amount of money she was expecting.
One of the argument that arised here was that there was undue influence. As the mother had acted for family motives, had fully understood what she was doing and had the effect of transactions explained to her by the conveyancing solicitor, there was no undue influence.
I feel bad for the mother. It was a huge promise, the law should compel the daughter to honor the promise. Teensy weensy promises like “take out the trash” does not really attract criticism when they are not honoured, but the same could not be said for huge promises like this.
On the other hand, the purpose of land law is to make lands more marketable. It is not really about what is just and what is not. Which is why the law had preferred to protect the interest of purchasers, mortgagees, secured creditors, and so on…
Law can’t protect everyone. The best that law can do is to strike a balance between two competing interests.
Moral of the story? You yourself are in the best position to protect your rights. Law is not almighty.
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