StudentShare solutions
Triangle menu

Mortgage Law and the Vitiating Factors - Case Study Example

Nobody downloaded yet

Extract of sample
Mortgage Law and the Vitiating Factors

The circumstance of evidential presumption comes to the fore when there existed a relationship of trust and confidence along with the happening of a transaction that calls for an explanation. These facts need to be proved in order to establish that there is prima facie evidence to claim that the transaction took place under undue influence. "The evidential burden gets shifted to the stronger party to counter the inference that he or she exercised undue influence on the weaker party." 1 Thus the presumption of undue influence is based on two elements; (i) existence of relationship of trust and confidence and (ii) there was entered a transaction that calls for explanation.
There are certain established relationships of trust and confidence like that exists between guardian and ward, parent and child, religious leaders and disciples, doctor and patient and solicitor and client.2 With the proof of the relationship it becomes the legal presumption that there existed a relationship of influence between the parties. The relationship of influence can also be proved by the facts of the case. ...
It is important that "a relationship of trust and confidence, reliance, dependence or vulnerability on one side and ascendancy, domination or control on the other side". It needs to be further proved that this relationship has made the vulnerable party agree with the course of action as suggested by the party who was dominant and that the situation was exploited fully to his/her advantage by the dominant party.3 However it is not necessary that there should be a continued existence of the state of dependence for arriving at evidential presumption.4 Therefore the important issue is the use of the influence in an undue manner and not its existence. The abuse of the trust placed by one party on another is considered critical.
When it comes to the question of identifying what types of relationships give rise to trust and confidence it is observed in many of the cases people who are young and impressionable or elderly who are under some amount of physical or mental incapacity are being exploited to be unduly influenced.5 Then come the question of the measure of confidence and trust that needs to be placed on the other person. There are some distinguishing characteristics which decide the measure of trust and confidence like a duty on person A to adviser person B or the dominant position that person A possesses over person B. The dominant position may be real or potential.
It is also observed that in all undue influence cases either of these characteristic features is present. However there cannot be a list of relationship that may give rise to trust and confidence since there are an infinite number of relationships that will result in trust. It is necessary to consider that whether one party has placed sufficient trust and confidence on ...Show more

Summary

One of the major vitiating factors of the contracts in general and mortgage law in particular is 'undue influence'. "Equity gives relief on the ground of undue influence where an agreement has been obtained by certain kinds of improper pressure which were thought not to amount to duress at common law because no element of violence to the person was involved" (GH Treitel, The Law of Contract) There can be actual undue influence and presumed undue influence.
Author : considinecassie
Mortgage Law and the Vitiating Factors essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Mortgage Law and the Vitiating Factors"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Law
One party promises to do something to the other and the other party agrees and this becomes legally binding and enforceable in the court of law. Thus, this analysis seeks to evaluate the laws and elements of proof must she prove in this case when she is unceremoniously fired from her post.
2 pages (500 words) Case Study
Environmental Factors affecting Infant development
It is important for infants to survive in healthy and safe environments. The infant’s development is directly related with various genetic and environmental factors. If the conditions are not optimal then hereditary diseases, exposure to negative environmental factors and lack of proper nurturing can create tremendous disadvantage in an infant’s development.
3 pages (750 words) Case Study
LAW
Name: Course: Class: Affiliation: Instructor: Date: Case study – LAW Introduction A case study is a statistical method of data collection, recording and presenting of information relating to a specific person, group of people in a specified area or a situation over a period of time.
7 pages (1750 words) Case Study
Environmental Factors
Sam's Club has continued to grow internationally as well with more than 100 locations world-wide. With such a broad base, marketeers at Sam' Club, a subsidiary of Wal-Mart Stores Inc., must address several environmental factors when deciding on a marketing plan.
5 pages (1250 words) Case Study
Mortgage Market in the United States
For, he or she will earn lesser and lesser interest income (Malloy 50). The following paragraphs explain the nuances of the mortgage market in the United States. The article U.S. Economy in a Dangerous Drift stated that the mortgage debt of owners in relation to their income is high based on prior trends.
8 pages (2000 words) Case Study
Law
(Quoted in legal-dictionary.thefreedictionary.com) hence, an agreement is gambling provided it fulfils the following conditions: In the case under-study, Sam Wilson is approached by his
2 pages (500 words) Case Study
Law
Thus, this analysis seeks to evaluate the laws and elements of proof must she prove in this case when she is unceremoniously fired from her post.
2 pages (500 words) Case Study
Factors of Job Satisfaction
The examples of John Irene David and Tony reflect on how satisfied with their jobs. It can be seen that they have different motivating factors. You many find many people complaining about excessive travelling, sleepless nights and extra working hours
13 pages (3250 words) Case Study
Law
As time passed, particular laws were acquainted with arrangement with specific circumstances as they were judged to oblige intercession, most especially close by the ascent of automation and urbanization throughout the
8 pages (2000 words) Case Study
Williamson Mortgage Inc
Any money lending business survives on the principles of time value for money, which looks at the future value of the money and its current value. The most significant aspect in the variation of the money is the interest rate. The current
2 pages (500 words) Case Study
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment