TREMILLS v. BENTON

18 VLR 607·HIGINBOTHAM, C.J., A’BECKETT, HOLROYD, and HODGES, JJ.
18 VLR 607
18 VLR 607
TREMILLS v. BENTON Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., A’BECKETT, HOLROYD, and HODGES, JJ. June 26, 27, 1892, 01 October 1892 Lunatic — Contract with lunatic — Inadequacy of consideration — Unfair contract .

A contract entered into with a lunatic by a person who does not know or suspect him to be a lunatic cannot be avoided on the ground merely of the inadequacy of the consideration. To set aside such a contract there must have been some fraud, imposition, or over-reaching on the part of the person seeking to uphold the contract, or some evidence to show that the contract was not fairly made.

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