W5 - Mortgages II

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One of the situations where undue influence may arise is where there is a relationship of influence of which unfair advantage is taken. There are a number of relationships where there is an irrebuttable presumption that one party has influenced the other. Which ONE of the following is NOT within that number?

Doctor and patient

Trustee and beneficiary

Husband and wife (correct)

Solicitor and client

In addition to a relationship of trust and confidence, what else must be shown for a claim of undue influence to succeed?

A transaction which involves misrepresentation.

A transaction which involves fraud.

A transaction which requires explanation. (correct)

In Barclays Bank v O’Brien, why was the bank unable to enforce its charge against Mrs O’Brien?

Mr O’Brien had unduly influenced his wife to sign the charge without ensuring she was fully informed.

The bank had unduly influenced Mrs O’Brien into signing the charge without ensuring she was fully informed.

The bank had constructive notice of Mr O’Brien’s undue influence and failed to take reasonable steps to ensure that Mrs O’Brien was fully informed. (correct)

In RBS v Etridge, the court extended the scope of the principles of constructive notice of undue influence. Which one of the following is the most accurate statements of the effect of this case?

The principles are relevant in every case where the relationship between the person claiming undue influence and the debtor is non-commercial. Signup and view all the answers

Which case sets any guidance as to the steps a lender should take to avoid being fixed with constructive notice of undue influence?

RBS v Etridge Signup and view all the answers

Where a borrower has created three legal mortgages, in favour of three different lenders, on consecutive days, how do we work out which takes priority?

Priority between legal charges depends on the order in which they have been registered Signup and view all the answers

Where a borrower has created three equitable mortgages, in favour of three different lenders, on consecutive days, how do we work out which takes priority?

Priority between equitable mortgage depends on the order in which they are created. Signup and view all the answers

An equitable mortgage can be (but does not have to be) protected by entering a s32 Notice on the Charges Register. If an equitable mortgage has been protected, what does that mean in terms of priority?

It takes priority over ALL subsequent mortgages, whether legal or equitable. Signup and view all the answers

W5 - Mortgages II

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Questions and Answers

In addition to a relationship of trust and confidence, what else must be shown for a claim of undue influence to succeed?

In Barclays Bank v O’Brien, why was the bank unable to enforce its charge against Mrs O’Brien?

In RBS v Etridge, the court extended the scope of the principles of constructive notice of undue influence. Which one of the following is the most accurate statements of the effect of this case?

Which case sets any guidance as to the steps a lender should take to avoid being fixed with constructive notice of undue influence?

Where a borrower has created three legal mortgages, in favour of three different lenders, on consecutive days, how do we work out which takes priority?

Where a borrower has created three equitable mortgages, in favour of three different lenders, on consecutive days, how do we work out which takes priority?

An equitable mortgage can be (but does not have to be) protected by entering a s32 Notice on the Charges Register. If an equitable mortgage has been protected, what does that mean in terms of priority?

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