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Mortgages In English Law
Mortgages in English law are a method of raising capital through a loan contract. Typically with a bank, the lender/mortgagee gives money to the borrower/mortgagor, who uses their property/land/home as security (essentially a reassurance) that they will repay the debt and any relevant interest. If the mortgagor fails to repay, then the mortgaged property which has been used as security may be subject to various mortgagee remedies allowing them to retrieve the debt. Mortgages are an important part of English land law and property law. These concern, first, the common law, statutory and regulatory rules to protect the mortgagor (i.e. the borrower) at the time of concluding the mortgage agreement. Second, English law defines and restricts the process for taking possession of property in the event of default. Third, it places duties on mortgagees (i.e. lenders, like banks) on the price it achieves when selling property. Although most of the law relating to mortgages relates to mortga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privilege ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loans
In finance, a loan is the lending of money by one or more individuals, organizations, or other entities to other individuals, organizations, etc. The recipient (i.e., the borrower) incurs a debt and is usually liable to pay interest on that debt until it is repaid as well as to repay the principal amount borrowed. The document evidencing the debt (e.g., a promissory note) will normally specify, among other things, the principal amount of money borrowed, the interest rate the lender is charging, and the date of repayment. A loan entails the reallocation of the subject asset(s) for a period of time, between the lender and the borrower. The interest provides an incentive for the lender to engage in the loan. In a legal loan, each of these obligations and restrictions is enforced by contract, which can also place the borrower under additional restrictions known as loan covenants. Although this article focuses on monetary loans, in practice, any material object might be lent. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence In English Law
Undue influence in English law is a field of contract law and property law whereby a transaction may be set aside if it was procured by the influence exerted by one person on another, such that the transaction cannot "fairly be treated the expression of hat person'sfree will". Historically the doctrine had predominantly been invoked where the person who is exercising undue influence over another person either enters into a contract with the affected person or receives a gift from them. However, much of the recent case law relates to three party cases, where one person (often a husband) exerts undue influence on a second person (the wife) to enter into a transaction (providing a guarantee or security for the husband's debts) with a third party (often a bank). The doctrine originally developed because of perceived limitations in the law relating to duress. Although the modern law is different, previously in order to set aside a contract for duress it was necessary to show a t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jones V Morgan
Jones may refer to: People *Jones (surname), a common Welsh and English surname *List of people with surname Jones *Jones (singer), a British singer-songwriter Arts and entertainment * Jones (''Animal Farm''), a human character in George Orwell's novel ''Animal Farm'' * "Jones" (''Law & Order: Criminal Intent''), an episode of the TV series * Jones!, a New Zealand television channel *"Jones", a song from the album ''Certain Things Are Likely'' by Kissing the Pink Organisations *Jones Bootmaker, a UK-based footwear retailer *Jones Soda, a brand of soda pop *Jones Sewing Machine Company, a British manufacturer acquired by Brother Industries * L&F Jones, a British retail and hotel company Places *Jones, Ontario, Canada *Jones, Isabela, Philippines United States *Jones, Alabama *Jones, Illinois *Jones, Kentucky *Jones, Michigan *Jones, Oklahoma *Jones, West Virginia *Jones Township (other) Science and technology *Jones (Martian crater), an impact crater on Mars *Jones (un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companies Act 2006
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law. The Act was brought into force in stages, with the final provision being commenced on 1 October 2009. It largely superseded the Companies Act 1985. The Act provides a comprehensive code of company law for the United Kingdom, and made changes to almost every facet of the law in relation to companies. The key provisions are: * the Act codifies certain existing common law principles, such as those relating to directors' duties. * it transposes into UK law the Takeover Directive and the Transparency Directive of the European Union * it introduces various new provisions for private and public companies. * it applies a single company law regime across the United Kingdom, replacing the two separate (if identical) systems for Great Britain and Northern Ireland. * it otherwise amends or restates almost all of the Companies Act 1985 to varying degrees. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seton V Slade
Seton may refer to: People * Seton (surname), people with the surname ''Seton'' * Seton Airlie (1920—2008), Scottish professional footballer * Seton Beresford (1868—1928), English first-class cricketer * Seton Daunt, guitar player and songwriter * Seton Gordon (1886–1977), Scottish naturalist, photographer, and folklorist * Seton I. Miller (1902—1974), Hollywood screenwriter and producer * Seton Pringle (1879–1955), Irish surgeon Places Scotland * Port Seton, a town in East Lothian, Scotland * Seton Collegiate Church, an ancient monument south east of Cockenzie and Port Seton * Seton Sands, an area of coastline east of Edinburgh * Seton Palace, East Lothian, Scotland, rebuilt by Robert Seton, 2nd Earl of Winton Canada * Seton, Calgary, a neighbourhood in Calgary, Alberta, Canada * Seton Lake, British Columbia * Seton Portage, British Columbia, often referred to simply as "Seton" (which in that form can include nearby Shalalth, British Columbia) * Seton River, British C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antigua
Antigua ( ), also known as Waladli or Wadadli by the native population, is an island in the Lesser Antilles. It is one of the Leeward Islands in the Caribbean region and the main island of the country of Antigua and Barbuda. Antigua and Barbuda became an independent state within the Commonwealth of Nations on 1 November 1981. ''Antigua'' means "ancient" in Spanish after an icon in Seville Cathedral, "" — St. Mary of the Old Cathedral.Kessler, Herbert L. & Nirenberg, David. Judaism and Christian Art: Aesthetic Anxieties from the Catacombs to Colonialism'' Accessed 23 September 2011. The name ''Waladli'' comes from the indigenous inhabitants and means approximately "our own". The island's perimeter is roughly and its area . Its population was 83,191 (at the 2011 Census). The economy is mainly reliant on tourism, with the agricultural sector serving the domestic market. Over 22,000 people live in the capital city, St. John's. The capital is situated in the north-we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Henley LC
Robert Henley, 1st Earl of Northington, PC (c. 1708 – 14 January 1772), was the Lord High Chancellor of Great Britain. He was a member of the Whig Party in the parliament and was known for his wit and writing. Family Born the second son of Anthony Henley, Robert Henley was from a wealthy family in Hampshire. His grandfather, Sir Robert Henley, had been Master of the Court of the King's Bench, essentially a defence counsel. Henley's father Anthony Henley was educated at Oxford and interested in literature. When he moved to London, he became the friend of the Earls of Dorset and Sunderland, as well as a friend of Swift, Pope, and Burnet. After becoming a married man, Anthony Henley had been the Member of Parliament for Andover in 1698. He died in August, 1711 and was succeeded in turn by his eldest son, Anthony and his second son, Robert. Early life Henley was educated at Westminster School and attended St. John's College in Oxford. He gained a fellowship at the All Souls ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vernon V Bethell
''Vernon v Bethell'' (1762is an English property law case, where it was affirmed that there could be no clog on the equity of redemption. In justifying this rule, Lord Henley LC made the famous observation that, The case stands for the principle "once a mortgage, always a mortgage", meaning a borrower cannot contract to give up his automatic right to redeem title to his property once the debt is paid. It was a landmark decision in upholding some basic protection at common law for debtors. It also had historic significance in the principle it laid out inspired the Second Bill of Rights, proclaimed by the American President Franklin D. Roosevelt in his 1944 State of the Union Address, to promote basic social and economic rights for all citizens. Facts Major James Vernon wished to pay off his debts to Mr Bethell’s estate and recover title of a sugar plantation in Antigua where he lived. Vernon had taken out a £278 mortgage on the land, and on 5 March 1729 he assigned the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
HM Land Registry
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strategy. HM Land Registry is internally independent and receives no government funding; it charges fees for applications lodged by customers. The current Chief Land Registrar (and CEO) is Simon Hayes. The equivalent office in Scotland is the Registers of Scotland. Land and Property Services maintain records for Northern Ireland. Purpose HM Land Registry registers the ownership of property. It is one of the largest property databases in Europe. At the peak of the property boom in 2007, £1 million worth of property was processed every minute in England and Wales. Like land registration organisations in other countries, HM Land Registry guarantees title to registered estates and interests in land. It records the ownership rights of fre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
LPMPA 1989
The Law of Property (Miscellaneous Provisions) Act 1989 (c 34) is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law. Nature of reforms The Act introduced several distinct reforms: :* The common law rules governing the form and delivery of a deed were abolished, and were replaced by requirements that: :** a deed is valid only when expressed as such, :** it is either signed by an individual in the presence of a witness who attests to it, or at his direction and attested by two witnesses, and :** it is delivered as a deed by him or a person authorised to do so on his behalf. :* Contracts for the sale or other disposition of an interest in land must be made in writing, and they must incorporate all agreed terms in one document. :* The rule of law known as the rule in ''Bain v. Fothergill'' (where, in an action for breach of contract for the sale of land because of failure of title without fraud, the plaintiff may recover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
