This 5 page paper discusses the case of Barclays Bank v. O'Brien. The writer argues that the lender had to protect itself against the consequences that arose when a guarantor was subjected to undue influence by a borrower as a result of their emotional relationship. There are 5 sources listed in the bibliography.
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result of their emotional relationship. Bibliography lists 5 sources JLBarclays.rtf Undue influence in Barclays Bank v OBrien Research Compiled for Enterprises Inc By Jani
Liggins, January 2013 To Use This Report Correctly, Please
Barclays Bank v OBrien the case involved a wife who had given a mortgage guarantee regarding
the matrimonial home even though she had no direct financial interest in the transaction, although her husband did. The difficulty facing the court was to arrive at a solution which
protected those who were vulnerable in this kind of financial transaction and also recognised that the matrimonial home could be construed as a security for financial transactions. The case was
concerned with those situations where, within a partnership, one partner might be said to be more vulnerable than the other in terms of their understanding of the prospective transaction and
the way in which it would affect them as well as the borrower, especially in cases where the financial benefit from the transaction would accrue only to the borrower themselves
and not to the guarantor.
It was necessary to ascertain whether there was undue influence in such situations and whether the transaction was entered into freely. In cases where there
is no financial advantage to the wife as a result of the transaction and it is possible that she may not have been fully apprised of all the consequences of
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