Question: To what extent have recent decisions of the House of Lords clarified the circumstances in which a person may plead ‘undue influence’ as a defence to a mortgagee seeking to exercise its remedies under the mortgage?
Answer: The law of undue influence may be called in aid by a mortgagor seeking to avoid the consequences of a mortgagee’s exercise of one of its remedies. Often, it is pleaded as a defence to a possession action and, if successful, may prevent the moortgagee realizing their security.......(short extract)
To download the full answer, please Sign in or Register then make a payment or submit coursework.
Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2881 | References: No | Date written: January, 2009 | Date submitted: March 10, 2009 | Coursework ID: 555
