The extent of an express waiver is governed by the language used1. If the waiver is clearly limited to part of the security, the mortgagee's rights over the remainder of the security will be unaffected. Accordingly, where a mortgagee surrendered his legal interest in a leasehold security to enable the mortgagor to provide another security, but stipulated that the surrender was without prejudice to any other security he might have for his debt, he and his assignee were held to be still entitled to the benefit of the covenants in the mortgage, the legal interest only, and not the
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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