Chapter 14 Further reading

Mortgages

M P Thompson ‘Do we really need clogs?’ Conv. 2001 502 - 515
Discusses the issues of the validity of clauses found with mortgage agreements and the tension between the common law ‘freedom to contract’ and the intervention of equity. Particular focus and analysis is given to the Court of Appeal decision in Jones v Morgan [2001]

G Andrews ‘Undue influence – where’s the disadvantage’ Conv. 2002 Sep/Oct 456 - 469
Provides an examination of the House of Lords decision in Royal Bank of Scotland plc v Etridge (No. 2) [2001] and assesses the impact of the decision in the context of the objective of the equitable doctrine of undue influence, namely ‘to ensure that the influence of one person over another is not abused’. Whilst the author concludes that absolute protection against abuse of influence has not been achieved, the decision has allowed the equitable safeguard to be triggered more easily.

M Thompson ‘Wives, Sureties and Banks’ [2002] Conv. 174
Provides a critical evaluation of Barclays Bank plc v O’Brien [1994] following Royal Bank of Scotland Etridge (No2) [2002]

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