search query: @author Arora, A. / total: 7
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Author: | Arora, A. |
Title: | The doctrine of undue influence and the protection of the surety |
Journal: | Journal of Business Law
1994 : MAY, p. 242-254 |
Index terms: | LAW AGENCY THEORY SECURITY |
Language: | eng |
Abstract: | The purpose of this article is to examine the scope of the protection conferred on the wife who acts as a surety for her husband's debts, including the two judgements of the House of Lords in Barclays Bank plc. v. O'Brien and CIBC Mortgages plc. v. Pitt. The facts of Barclays Bank plc. v. O'Brien were that the first and the second defendants, husband and wife, agreed to execute a second mortgage of their matrimonial home as security for an overdraft facility extended by the plaintiff bank to a company in which the husband but not the wife had an interest. |
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