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Santley v Wilde

[1899] 2 Ch 474

Case summary last updated at 09/01/2020 17:54 by the Oxbridge Notes in-house law team.

Judgement for the case Santley v Wilde

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 contract s one for a mortgage rather than another type. 

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