The court put forward: ‘the general principle that the court will not execute a contract, the performance of which is unreasonable or will be prejudicial to persons interested in the property, but not parties to the contract’
Judges:
Lord Langdale
Citations:
(1837) 1 Keen 729, [1837] EngR 595, (1837) 1 Keen 729, (1837) 48 ER 488
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Cedar Holdings Ltd v Green CA 1981
A property was held in the joint names of a former husband and wife. To obtain a loan for the husband, a legal charge over the property was executed by the husband, but he had another woman execute for the wife, pretending to be her. The chargee . .
Cited – Bankers Trust Company v Namdar and Namdar CA 14-Feb-1997
The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature.
Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and . .
Lists of cited by and citing cases may be incomplete.
Land, Equity
Updated: 01 December 2022; Ref: scu.238940