UCB v Williams EWCA Civ 555 Court of Appeal Case Summary
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Questions and Answers

Who ran the garage business as a partnership with a franchise from Toyota?

  • The solicitor, Mr. Howells, only
  • Mr. & Mrs. Williams and their three grown-up children (correct)
  • One of the sons of Mr. & Mrs. Williams
  • Mr. and Mrs. Williams only

    • What was the cost associated with extending and improving the showrooms as demanded by Toyota?

  • £750,000
  • £250,000
  • £1,000,000
  • £500,000 (correct)

    • What did the bank request as security for the loan it provided?

  • No security was requested
  • A charge on the partners' homes only
  • Only a charge on the showrooms
  • A charge on the showrooms and each of the partners' homes (correct)

    • Who witnessed the signature of Mrs. Williams on the charge document?

    <p>The solicitor, Mr. Howells</p> Signup and view all the answers

    What defense did Mrs. Williams raise when UCB sought to enforce the charge?

    <p>Undue influence and misrepresentation</p> Signup and view all the answers

    What did the trial judge, HHJ Hickinbottom, hold regarding the knowledge of Mrs. Williams about the liability?

    <p>She had full knowledge and willingly signed the charge</p> Signup and view all the answers

    What is a sufficient condition for undue influence?

    <p>That an equitable wrong has been committed</p> Signup and view all the answers

    What is the standard for misrepresentation?

    <p>That the party relied on the false statement</p> Signup and view all the answers

    Why was UCB fixed with constructive notice?

    <p>Because UCB should have known about the misrepresentation</p> Signup and view all the answers

    What is the role of a solicitor in this case?

    <p>To depend on their instructions from UCB</p> Signup and view all the answers

    What was UCB's duty in this case?

    <p>To check if Mrs. Williams had been advised by the solicitor</p> Signup and view all the answers

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