Facts
- A wife guaranteed her husband’s business debts by way of mortgage over their jointly owned home
- The husband stated to his wife that the guarantee was limited to £15,000, when it was unlimited
- £15,000 liability was upheld at first instance
Issue
- Was the guarantee void, or could TSB claim possession of the house and obtain £15,000 from the wife?
Decision
- Void
Reasoning
- Unlike misrepresentation, there is no law that suggests a mortgagee can enforce only part of a security
