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Bristol & West Building Society v Mothew

Language: English Series: New Property Cases ; [1996] NPC 126, (3)Publication details: 1996Subject(s): Summary: A solicitor receiving a mortgage advance as trustee who is in breach of a contractual duty, does not necessarily break any fiduciary duty. Liability at common law for damages for breach of contract in these circumstances considered, where the mortgagee suffers loss partly as a result of the fall in property values. TAKEN FROM JOURNAL . NOT TO BE PHOTOCOPIED

A solicitor receiving a mortgage advance as trustee who is in breach of a contractual duty, does not necessarily break any fiduciary duty. Liability at common law for damages for breach of contract in these circumstances considered, where the mortgagee suffers loss partly as a result of the fall in property values. TAKEN FROM JOURNAL . NOT TO BE PHOTOCOPIED