Mark Pawlowski and James Brown, Undue Influence and the Family Home

2004 ◽  
Vol 12 (1) ◽  
pp. 105-108
Author(s):  
Simone Wong
2021 ◽  
pp. 1045-1094
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the loan contract and the controls that the law has imposed to protect the borrower. The level of protection differs according to the nature of the borrower and the type of security transaction. Market regulation of the residential mortgage market has increased protection for domestic borrowers. Vitiating factors, particularly undue influence, have impacted upon the creation of collateral mortgages of the family home to secure commercial borrowing. Equitable protection has been provided by controls against penalties and oppressive and unconscionable terms, as well as by protection of the borrower’s equity of redemption. Statutory consumer protection now offers more effective protection to domestic borrowers. The common law, equitable, and statutory control mechanisms are then described and applied to demonstrate the protection they afford against particular mortgage terms, for instance to control rates of interest and other costs associated with borrowing.


Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 279-293 ◽  
Author(s):  
Martin Dixon

The need for certainty about the scope of the court's jurisdiction to interfere with a mortgagee's right to possession of a dwelling house following default by the mortgagor needs little emphasis. Much is at stake, and unless the mortgagor can plead some substantive defence such as undue influence, the mortgagor faces losing what is usually the family home. Until relatively recently, this certainty has existed and the extent of the court's jurisdiction to control or deny a mortgagee's possessory rights has not been in issue, the focus being instead on the narrower question of how the court's recognised powers should be exercised. However, a number of recent decisions, including Cheltenham and Gloucester plc v Krausz; Cheltenham and Gloucester plc v Booker and Bristol & West Building Society v Ellis and Ellis, have prompted more fundamental questions.


Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the loan contract and the controls that the law has imposed to protect the borrower. The level of protection differs according to the nature of the borrower and the type of security transaction. Market regulation of the residential mortgage market has increased protection for domestic borrowers. Vitiating factors, particularly undue influence, have impacted upon the creation of collateral mortgages of the family home to secure commercial borrowing. Equitable protection has been provided by controls against penalties, and oppressive and unconscionable terms, as well as by protection of the borrower’s equity of redemption. Statutory consumer protection now offers more effective protection to domestic borrowers. The common law, equitable, and statutory control mechanisms are then described and applied to demonstrate the protection they afford against particular mortgage term, for instance to control rates of interest and other costs associated with borrowing.


Inclusion ◽  
2017 ◽  
Vol 5 (4) ◽  
pp. 279-292 ◽  
Author(s):  
Meghan M. Burke ◽  
Chung eun Lee ◽  
Moon Y. Chung ◽  
Kristina Rios ◽  
Catherine K. Arnold ◽  
...  

Abstract With recent policy changes and case-law decisions, there are more opportunities for adults with intellectual and developmental disabilities (IDD) to live independently in inclusive settings. It is necessary to identify malleable correlates of community living options to develop interventions to increase inclusive, independent living. To this end, 546 parents and siblings of adults with IDD responded to a national survey. According to parent and sibling report, adults with IDD were more likely to live outside of the family home when the family engaged in future planning, the individual had more informal supports and more functional abilities and had parents with fewer caregiving abilities. Among the 187 adults with IDD who lived outside of the family home, individuals with more problem behaviors and fewer functional abilities were more likely to live in larger group homes (versus independently with or without supports). Further, when the family engaged in more future planning activities, adults with disabilities were more likely to live in a group home (versus independently). When parents had fewer caregiving abilities, adults with disabilities were more likely to live in bigger group homes (versus independently). Implications for policymakers, practitioners, and research are discussed.


Author(s):  
Joanna Senderska ◽  
Iwona Mityk ◽  
Ewa Piotrowska-Oberda

AbstractThe article discusses the image of the family and the family home in a series of novels for young people by the popular Polish writer Małgorzata Musierowicz in the context of literary conventions and stereotypes about the family in contemporary Polish society. The novels, which cover a period of over 40 years, generally fit contemporary Polish realities; however, the didactic function of the novels results in the author creating an idealized image of the Polish intellectual family, filling the readers with optimism. The picture created by the writer, on the one hand, fits perfectly into the stereotype of the family, which is one of the values highly esteemed by Poles. On the other hand, it adapts to the conventions of novels for girls. In this article, the stereotype of the family is reconstructed on the basis of language data and surveys. We present the meanings and contexts of family as a noun and family as an adjective. We also present the results of our survey, the aim of which was to determine an essence of a stereotypical family and how the traditional family model is comprehended by respondents coming from various groups. We also present the respondents’ attitude to the patriarchal family model and the division of roles into male and female. In our opinion, the correspondence between the family picture created in the novels and the image of the family operating in social consciousness is the reason for the popularity of the series.


1985 ◽  
Vol 31 ◽  
pp. 545-569

Keith Stewartson, one of the most mathematically profound of this century’s great applied mathematicians active in the mechanics of fluids, was brought up in Billingham, County Durham , where his father was a master baker. Keith was the youngest of three children, two boys and a girl, but his sister died very young and he was not subsequently able to remember her. Later on, an eminent academic career was nearly smothered at its inception when the eleven-plus examiners failed Keith Stewartson. Fortunately, however, they put him on a reserve list, from which he was in the end selected for entry to Stockton Secondary School. After a brilliant performance in the School Certificate Keith was encouraged to enter only a year later, in 1942, for the Higher School Certificate. Immediately after his extremely distinguished examination achievement leading to a State Scholarship and Kitchener Memorial Scholarship to St Catharine’s College, Cambridge, the family home received a direct hit from a German bomb. Happily, however, the Stewartsons escaped owing to their air-raid shelter’s robust construction.


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