Case study



Case study

Reference to David loan and Samantha's concern about it the mere existence of a husband/wife relationship is not enough to raise a presumption of undue influence. The transaction also has to be questionable, The House of Lords has pointed out that any transaction where a wife stands as surety for her husband's debts puts the bank on notice of the risk of undue influence, as does any loan transaction where security is provided by a third party who is a private individual. In the leading judgment in this matter the House of Lords in 2003 declared how lenders ...