Land law Essay Example | Topics and Well Written Essays - 750 words

Land law - Essay Example Over a period of time she gained ascendancy over him. Her action against him was set aside as she failed to disprove this presumption (Re Craig , 1971). In Dunbar Bank plc v. Nadeem, the bank provided a mortgage loan to the couple in their joint names. In the trial court it was held that there had been undue influence brought to bear on the wife, as she had not made any contribution to the purchase, but all the same she was being held jointly liable with her husband. The appellate court set aside this judgment and ruled that she had not suffered any disadvantage and as she had failed to establish undue influence (Dunbar Bank plc v. Nadeem , 1998 ). The courts of equity, in their role of a court of conscience, initiated undue influence as a basis for the obtention of relief. To this end the courts endeavour to determine the underlying reason for entering into a transaction. In all cases, where the cause proves to be objectionable, the transaction will be rescinded. From the perspective of equity, undue influence occurs in the following cases. If there are threats or other overtly improper or intimidating acts and if the relationship between the parties accords to one of them a superior position, which is exploited by that party to the detriment of the other party. In O’Brien, the House of Lords specified the measures to be adopted by a bank, in order to avoid the ill effect of a husband’s undue influence, while granting loans to a couple. The outcome of this decision was that a contract could become unenforceable if one of the parties to the contract had done so as a consequence of a third party’s transgression (Barclays Bank v. OBrien, 1993). In Etridge it was held that it was the duty of the bank to take all such reasonable steps as would ensure that the wife should be properly apprised of the consequences of the transaction that she was about to enter into. To this end an