Hewitt v First Plus Financial Group [2010]

Facts

  • A husband convinced his wife to sign a charge for his separate debts
  • He was having an affair at the time

Issue

  • Could the charge be set aside for undue influence

Decision

  • Yes

Reasoning

  • Through his abuse of the trust and confidence the wife had in her husband, the wife’s conscious exercise of will could be vitiated and the re-mortgage transaction set aside
RELATED CASE  Actionstrength Ltd v International Glass Engineering [2003]

Posted in Contract Law Revision Notes.

This page was last updated on 20th January 2014

© 2020 Webstroke Law - Terms and Privacy Policy