Yorkshire Bank v Tinsley [2004]

Facts

  • A wife jointly had a mortgage with her husband securing his business debts

Issue

  • Following divorce, could a subsequent and consequential mortgage be set aside due to undue influence

Decision

  • Yes

Reasoning

  • The bank being on notice did not disappear just because the mortgage had been renegotiated
RELATED CASE  Fibrosa Spolka v Fairbain [1943]

Posted in Contract Law Revision Notes.

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