9 - mortgages

Question 1

right to redeem extinguished - debt owed by mortgagor endured

Answer 1

Viscount Haldane LC - Krelinger

Question 2

term providing for the transfer of mortgaged prop to mortgagee is void

Answer 2

Samuel Jarrah Timber Ltd - no need to demonstrate unconscionability

Question 3

to be struck out the temr must be more than unreasonable - must be morally reprehensible

Answer 3

Multiservice Bookbinding v Marden

Question 4

terms made prop have neg equity - individual so unequal bargaining power

Answer 4

Cityland and property v Dabrah

Question 5

prevention of redemption

Answer 5

Samual jarrah timber

Question 6

redemption was postponed until six weeks before epriation of lease - lease would be worthless

Answer 6

Fairclough v Swan Brewery

Question 7

bound for 40 years on freehold - upheld because 40 on forever is nothing

Answer 7

Knightsbridge Estates Trust v Bryne

Question 8

collateral advantage - cannot buy beer from any1 else - ok as long as does not last past redemption

Answer 8

Noakes v Rice

Question 9

first pick of wool but redemption was cut shot because mortgagor paid

Answer 9

HoL emphasized freedom of contract - Krelinger

Question 10

restraint on trade?

Answer 10

Esso Petroleum v Harper

Question 11

mortgagee under no duty to exercise powers as mortgagee for sale or appoint a receiver etc

Answer 11

Silven Properties v RBS