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Essay / Research Paper Abstract
This 14 page paper looks at a case study supplied by the student and gives advise to a client; Tony, according to English law. Tony has been very unlucky. Firstly he is pursued to allow his flat to be used as security for his employers business loan. He believes this to be for a period of six months only, but received papers form the bank seeking to realise their security after the six month period. Tony also showed his plans for a property development to his boss, who offered to help. The plans are based on an expected inheritance form his step father who he has been supporting financially. Tony finds out he has not been left the property and that his employer has stolen his plans. Looking at both statute law and case law Tony is advised regarding any potential claims he may have. The bibliography cites 10 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TEcharges.rtf
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Unformatted sample text from the term paper:
his step fathers lover rather than him and the duplicity of Cheri in steeling Tonys ideas. We need to look at these issues one at a time. The first issue
we will look at is that issue of the way in which Tony was asked to put up his property as security for a loan that was taken out by
Cheri. Her business was in trouble and Tony was trying to help. He was told by Cheri that she needed the security for a period of six months.
However it is more that six months and the bank are now trying to enforce the charge as the charge was not limited to
six months only. It appears that Tony is in danger of losing his house. There were warnings given to Tony by both his bank and his solicitor not to allow
the bank the security of his property, but he ignores these and goes into the branch to sigh the papers. Now the bank are using those papers. Tony will want
to know if there is anyway he can prevent the bank taking this action. Tony is an employee of Cheri, and it may be argued that there was undue
influence exerted. Transactions concerning mortgages may be set aside when there are undue influences used to procure the mortgage. This will often
be used against a lender where they have use undue influence but this is not necessary in all cases. This is a defence that can be used where the transaction
constitutes "a manifest disadvantage to the party seeking to avoid it, explicable only in the basis that undue influence has been used to procure it" as stated by Oliver LJ
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