Title and Security Essay Example | Topics and Well Written Essays - 1000 words

Title and Security - Essay ExampleHowever, the hails decisions pack not be influenced by legal precedents, and it is also at will to break new legal pace and establish legal precedents and draw inferences and verdicts, based upon their own assessment of the facts surrounding the cases and may not need to pay deference to any earlier decisions, if they feel it necessary to act so, in the greater interests of transfer of correct legal justice and protection of interests of the concerned parties. idle influence and misrepresentationby their son, Simon. This invocation was used by the defence in order to escape liability by the wife, in the tip case, Barclays Bank Plc. v. Boulter and Boulter (1999), where she appealed that her consent for entering commercial transactions was through the use of undue influence by her husband, and she would not have entered contractual obligations, on her own will and volition. In this case study, it is seen that, since Simon and his parents are coh abitants, the initiative of undue influence exercised by Simon, over his parents, for pecuniary advantages could be existent. There is also an element of device on the part of Simon, for not having disclosed the withdrawal of 20,000 from the Bank, to the other trustees. Considering these aspects, it is possible for Joan and Tony to set aside the deal. However, the more(prenominal) difficult aspect would be with regard to the mortgagee, Royal Algate Bank. In the decided case, Royal Bank of Scotland v. Etridge (AP) (2001), the wife sought to protect her interests by alleging that there was a case of signing under her husbands undue influence. But the judge found that, on the evidence, she had not been the victim of any actual undue influence. However he went on to deal with the case on the basis of presumed undue influence. On appeal, the Court of Appeal upheld the Judges finding of no actual undue influence nor did she at either take aim obtain a