It seems to me that when you are dealing with innocent misrepresentation you must understand that proposition that he is to be replaced in statu quo with this limitation that he is not to be replaced in exactly the same position in all respects, otherwise he would be entitled to recover damages, but is to be replaced in his position so far as regards the rights and obligations which have been created by the contract into which he has been induced to enter. National Westminster Bank v Morgan [1985] AC 686; [1985] 2 WLR 588; [1985] 1 All ER 821. The authority of Dunbar Bank v Nadeem, Ch D at, per DixonJ; Goldsworthy vBrickell, n 24 above, 401 per Nourse LJ, cited with approval by Robert EnglehartQC in Dunbar Bank plc vNadeem, Law of Property (Miscellaneous Provisions) Act 1989, s 1(3), Harriet Dailey Appellant v Franklyn Dailey Respondent, Bank Of China (Hong Kong) Ltd v Well Lok Printing Ltd And Others, Undue Influence in the House of Lords: Principles and Proof, The Modern Law Review Nbr. Upon being party to a mortgage agreement, women are treated like rational economic men which may, on occasion, be somewhat distanced from the truth. They have lived there since 1982. advanced to her and her husband jointly, but the interest in the equity of redemption which she obtained by the use of the Banks money. With over $8.5 billion of gross premiums written (GPW . Subscribers are able to see a list of all the documents that have cited the case. It was valued by independent valuers at 400,000. 9 Mortgage Cases Flashcards | Quizlet The Wife does not contend that that charge is also liable to be set aside against her. 1. You also get a useful overview of how the case was received. PDF YS GM MARFIN II LLC & ORS v LAKHANI & ORS [2020] EWHC 2629 (Comm) CASE Britannia Building Societyv Pugh [1997] 2 FLR 7 at p. This lies in the fact that the transaction was intended, at least by the Bank, to be short-term bridging finance to be repaid by a sale or re-mortgage of the property in the near future. By her appeal Mrs Nadeem contends that the Judge should have made an order setting aside the Legal Charge as between herself and the Bank without imposing any conditions. with her husband an advance of 260,000 on the terms that 210,000 would be used to buy the property which she and pp her husband should jointly charge in favour of the Bank to secure repayment of the advance. This did not cause the Bank any concern, save that it required Mrs Nadeem's signature to the documentation. In the meantime, however, he had been offered the opportunity to acquire a longer lease of the property in place of his existing lease for a sum of 210,000. This direction took effect when, as was foreseeable, Mrs Nadeem was unable to make the payment specified in the order. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. On 6th March 1991 Mr Nadeem returned the copy of the facility letter duly signed by himself and Mrs Nadeem. 876: the Court of Appea took an unconscionability-based approach (the second approach) that the meaning of undue is about the way in which the party uses their influence; Royal Bank of Scotland v Etridge (no.2) [2001] UKHL 44 is the leading case on undue influence from the House of Lords Her obligation to restore the beneficial interest in the lease cannot be regarded as an obligation to restore it to the Bank for the Bank did not provide it and no one ever intended the Bank to be anything other than a legal chargee of it.
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dunbar bank plc v nadeem