Jersey Law Reports

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URL: http://www.bailii.org/je/cases/JLR/2008/JLR080077.html
Cite as: [2008] JLR 77

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Toothill v HSBC Bank 2008 JLR 77 (17 March 2008)

Contract-undue influence-setting aside security-wife seeking to set aside security over jointly-owned home to prove (a) unduly influenced by husband to agree to joint loan or security; (b) bank put on inquiry as to undue influence; and (c) bank has constructive notice because no reasonable steps taken to draw matters to her attention-bank on inquiry if close emotional or non-commercial relationship between debtor and guarantor-inapplicable to joint loan to spouses unless aware not for joint purposes, e.g. to fund husband's business-bank entitled to rely on stated purpose of loan unless grounds for suspicion

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