Title and Security - Essay Example

However, the Courts’ decisions need not be influenced by legal precedents, and it is also at will to break new legal grounds and establish legal precedents and draw inferences and verdicts, based upon their own assessment of the facts surrounding the cases and may not need to pay deference to any earlier decisions, if they feel it necessary to act so, in the greater interests of imparting of correct legal justice and protection of interests of the concerned parties. “undue influence and misrepresentation”by their son, Simon.

This plea was used by the defence in order to escape liability by the wife, in the leading case, Barclays Bank Plc. v. Boulter and Boulter (1999), where she appealed that her consent for entering commercial transactions was through the use of undue influence by her husband, and she would not have entered contractual obligations, on her own will and volition. In this case study, it is seen that, since Simon and his parents are cohabitants, the possibility of undue influence exercised by Simon, over his parents, for pecuniary advantages could be existent.

There is also an element of fraud on the part of Simon, for not having disclosed the withdrawal of £20,000 from the Bank, to the other trustees. Considering these aspects, it is possible for Joan and Tony to set aside the deal. However, the more difficult aspect would be with regard to the mortgagee, Royal Algate Bank. In the decided case, Royal Bank of Scotland v. Etridge (AP) (2001), the wife sought to protect her interests by alleging that there was a case of signing under her husband’s undue influence.

But “the judge found that, on the evidence, she had not been the victim of any actual undue influence. However he went on to deal with the case on the basis of presumed undue influence. On appeal, the Court of Appeal upheld the Judges finding of no actual undue influence; nor did she at either level obtain a