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A case summary of the UK House of Lords decision on undue influence in mortgage agreements involving married couples. The bank must ensure independent legal advice for both parties and protect the wife's interest.
A comprehensive analysis of the House of Lords decision on the presumption of undue influence in third party suretyship transactions. Learn the key points, facts, judgments and criticisms of the case.
Oct 11, 2001 · A case of undue influence in a transaction involving a wife's interest in her home. The House of Lords clarified the legal principles and requirements for obtaining a charge over a matrimonial home.
Royal Bank of Scotland plc v Etridge (No 2) [2001] UKHL 44 (11 October 2001) is a leading case relevant for English land law and English contract law on the circumstances under which actual and presumed undue influence can be argued to vitiate consent to a contract.
A judgment on the law of undue influence in guarantee transactions involving spouses. The House of Lords upheld the decision in O'Brien's case that a bank must take reasonable steps to protect a wife's signature from her husband's influence.
In October 1993 the bank made a formal demand for payment by the company of the sums it owed the bank and, on failing to receive payment, appointed receivers of the company. The sum owed by the company to the bank was £270,000 or thereabouts.
Royal Bank of Scotland v Etridge [1998] 4 All ER 705 House of Lords. The case concerned a number of conjoined appeals concerning banks seeking possession of homes where a wife had signed a charge or mortgage agreeing to secure the debts of the husband on the family home.
