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Santley v Wilde [1899] 2 Ch 474

By Oxbridge Law TeamUpdated 04/01/2024 07:02

Judgement for the case Santley v Wilde

Table Of Contents

  • CA held that collateral advantages beyond the repayment of the sum owed are enforceable provided they are not unconscionable or oppressive or given under undue influence, duress etc. 

Lindley MR

  • Collateral advantages wont be enforceable where they represent a clog on the right to redemption.

  • There is no reason to exclude advantages from contracts purely because that contracts one for a mortgage rather than another type. 

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