National Provincial Bank v Ainsworth Lord Hodson

Description

Lord Guest agreed
harrishyatt
Mind Map by harrishyatt, updated more than 1 year ago
harrishyatt
Created by harrishyatt about 9 years ago
17
0

Resource summary

National Provincial Bank v Ainsworth Lord Hodson
  1. Issue
    1. Whether wife entitled to overriding interest under LRA 1925 S70(1)(G)
    2. Obiter Dicta
      1. Matrimonial relation on real property rights
        1. No proprietary rights by virtue of being wife
        2. Licence?
          1. does not need licence from husband to be where she has a right to be as a wife
          2. Uncertain if wife's right was affecting land
            1. duration of right would be discretionary
              1. No principle to guide the courts in exercise of discretion
            2. Equity

              Annotations:

              • may not be past the age of child bearing but an infant of the kind suggested would lack form or shape.
            3. Reasoning
              1. No reason why the wife's personal right against husband arising from marriage should enter field of real property
                1. husband in deserting wife did not confer right tot property
                  1. Not an overriding interest
                    1. Adopted Russell L.J.
                      1. S70 deals with rights in reference to land

                        Annotations:

                        • which have the quality of being capable of enduring through different ownerships of land, according to normal conceptions of title to real property
                    2. However the wife is in actual occupation of the land
                    Show full summary Hide full summary

                    Similar

                    Contract Law
                    sherhui94
                    How Parliament Makes Laws
                    harryloftus505
                    A-Level Law: Theft
                    amyclare96
                    AQA AS LAW, Unit 1, Section A, Parliamentary Law Making 1/3
                    Nerdbot98
                    The Criminal Courts
                    thornamelia
                    Law Commission 1965
                    ria rachel
                    A2 Law: Cases - Defence of Insanity
                    Jessica 'JessieB
                    A2 Law: Special Study - Robbery
                    Jessica 'JessieB
                    Omissions
                    ameliathorn0325
                    AS Law Jury Case Quiz
                    Fionnghuala Malone
                    Criminal Law
                    jesusreyes88