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United Kingdom equity of redemptioncollateral advantagesclog on equity of redemption

Defendants also referred me to Santley v Wilde

Santley v Wilde [1899] 2 Ch 474
JurisdictionUnited Kingdom
CourtCourt of Appeal (England and Wales)
Year1899
StatusBinding authority

Key Principle

A mortgage is a conveyance of land or assignment of chattels as security for the payment of a debt or discharge of an obligation; a clog or fetter is a provision inconsistent with the idea of security (a repugnant condition) inserted to prevent redemption on payment/performance, which is void, but a collateral advantage (such as a share of profits) is not necessarily a clog and may be valid where the bargain is reasonable.

Area of Law

General

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