The remedy of a mortgagor who executed the mortgage as a result of misrepresentation or undue influence is rescission of the mortgage, although a mortgagor is entitled to rescind a mortgage or other transaction only if he restores the benefits received1. A transaction may be set aside even though it is impossible to place the parties in precisely the position they were in before if the court can achieve practical justice between the parties
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LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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