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.'
Rezensionen / Stimmen
'In the light of the recent House of Lords decision in Etridge (No.2), it provides a timely and detailed examination of both the doctrine of undue influence as well as the reasonable steps requirement, particularly in relation to independent legal advice. The book provides an excellent coverage of the doctrine of undue influence in England, its development sine O'Brien and the relevant case law. It also exposes the weaknesses of the undue influence doctrine and how the constituents of the doctrine, for both actual and presumed undue influence, would need a complete overhaul if we were to have a coherent and principle-based doctrine.'Feminist Legal Studies 12:105-108, 2004
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 234 mm
Breite: 156 mm
Gewicht
ISBN-13
978-1-85941-720-1 (9781859417201)
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Schweitzer Klassifikation
Mark Pawlowski is a Barrister and Professor of Property Law, Department of Law, University of Greenwich. James Brown is a Barrister and Senior Lecturer in Law, South Bank University.
Overview of Subject; Actual and Presumed Undue Influence; Manifest Disadvantage; Role of The Lender; Role of the Solicitor; Remedies; Lender's backdoor tactics; Undue Influence and Unconscionability
