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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)
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- Subject: Law
- Course: Land Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 73%
- Words: 2881
- Date submitted: March 09, 2009
- Date written: January, 2009
- References: No
- Document type: Essay*
- Essay ID: 2388
