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Sender:
Andrew Tettenborn
Date:
Wed, 17 Dec 1997 10:04:47
Re:
Barclays: the suing bank

 

Eoin has, as usual, hit the nail on the head. O'Brien is a contract / property case (property because it deals with the validity of the creation of a security interest, as well as the validity of a personal covenant to repay). Once the mortgage/covenant has been successfully impugned, there may of course be restitutionary consequences (e.g. return of any benefits obtained by the person seeking to set aside the transaction): but that is an entirely different matter.

 

Andrew Tettenborn
University of Exeter.


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