By Mark Pawlowski, Brown
This e-book presents a entire research of the doctrine of undue effect within the context of the relations domestic and completely comprises the new residence of Lords ruling in Royal financial institution of Scotland v Etridge (No 2) (2001). it truly is aimed predominantly on the felony practitioner, yet also will act as an invaluable resource of reference for lecturers and scholars of agreement, land legislations and fairness and trusts. Emphasis is put on claims introduced via spouses (usually the spouse) looking to put aside a cost over the matrimonial homemade in favour of a lending establishment. The position of creditors during this context is usually tested extensive, as is the half performed by means of the solicitor performing on behalf of the events. except offering an exposition of the doctrine and its key parts, the ebook additionally supplies a broader outlook by way of studying the Commonwealth adventure (notably in Australia, Canada and New Zealand) and suggesting an underlying proposal of unconscionability as governing undue impact claims. there's additionally a separate bankruptcy on treatments, in addition to an appendix containing a couple of draft pleadings to be used through the felony practitioner. within the foreword, the Honourable Mr Justice Neuberger writes: 'Pawlowski and Brown are to be congratulated for having produced a booklet ...as complete and elementary as this quantity. not just have they thought of the impact of the specialists in a transparent and logical approach, yet they've got additionally highlighted difficulties that have but to be resolved and questions that have but to be spoke back ...one of the hallmarks of a great felony book.'
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