000 01221cab a2200193 4500
001 X1245
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u15783
041 _aeng
245 _aBarclays Bank plc v O`Brien & another
260 _c1993
350 _a0
490 _aAll England Law Reports
_v(1993) 4 All ER 417-432(18)
520 _aHL 21 October 1993. A husband arranged to secure his company`s overdraft by placing a second charge on the matrimonial home. The bank manager`s instructions that the couple should be advised as to the nature and effect of the relevant documents were not carried out by the bank staff. When the company`s debt exceeded the agreed limit, B brought an action for possession. The wife defended, arguing that her husband had misrepresented the facts and unduly influenced her consent. Her case was dismissed. The court held the bank was not responsible for her husband`s misrepresentation. The CA considered wives a special class of sureties, that the creditor had a responsibility to advise the surety and granted the appeal. Upheld by HL.
650 _aMISREPRESENTATION
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c10382
_d10382