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Vol 21 No 10 Oct/Nov 2016

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Undue Influence and the Family Home

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ISBN13: 9781859417201
ISBN: 1859417205
Published: April 2002
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: Out of print



This book provides a comprehensive analysis of the doctrine of undue influence in the context of the family home and fully incorporates the recent House of Lords ruling in Royal Bank of Scotland v Etridge (No 2) (2001). It is aimed predominantly at the legal practitioner,but will also act as a useful source of reference for academics and students of contract, land law and equity and trusts. Emphasis is placed on claims brought by spouses (usually the wife) seeking to set aside a charge over the matrimonial home made in favour of a lending institution.

The role of lenders in this context is also examined in depth, as is the part played by the solicitor acting on behalf of the parties. Apart from providing an exposition of the doctrine and its key elements, the book also gives a broader outlook by examining the Commonwealth experience (notably in Australia, Canada and New Zealand) and suggesting an underlying concept of unconscionability as governing undue influence claims. There is also a separate chapter on remedies, as well as an appendix containing a number of draft pleadings for use by the legal practitioner.

In the foreword, the Honourable Mr Justice Neuberger writes: 'Pawlowski and Brown are to be congratulated for having produced a book ...as comprehensive and user-friendly as this volume. Not only have they considered the effect of the authorities in a clear and logical way, but they have also highlighted problems which have yet to be resolved and questions which have yet to be answered ...one of the hallmarks of a good legal book.'

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Contents:
Overview of the subject
Actual and presumed undue influence
Requirement of manifest disadvantage
Role of the lender
Role of the solicitor
Remedies
Lender's backdoor tactics
Undue influence and unconscionability
Appendix
Precedents.