Fairclough v Swan Brewery [1912, Privy Council]


  • A term in a mortgage agreement provided that a mortgage was not redeemable until 6 weeks before the end of the 20 year mortgage term


  • Was this term enforceable?


  • No


  • It rendered the mortgagor’s equity of redemption illusory and so effectively destroyed it
  • The mortgage could be redeemed early
RELATED CASE  Tse Kwong Lam v Wong Chit Sen [1983]

Posted in Land Law Revision Notes.

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