Question
Joanne took out a mortgage from Frank so that she could acquire the freehold title to business premises in London. Joanne operated a coffee shop
Joanne took out a mortgage from Frank so that she could acquire the freehold title to business premises in London. Joanne operated a coffee shop business from those premises. The land is registered land.
Frank inserted the following terms into the mortgage contract:
'(a) Joanne shall be obliged to acquire all of her coffee supplies from Frank at the prevailing market price for coffee in London.
(b) Joanne shall be obliged to pay the monthly interest repayment amount for twenty years after the end of the mortgage term.
(c) Joanne shall be obliged to negotiate with Frank for the purchase of cake ingredients for any cakes which she manufactures for sale on the premises. Joanne shall have the right to buy her cake ingredients elsewhere if Frank's price is too high.'
Joanne and Frank signed the mortgage contract in 2015. Frank acquired the rights of a mortgagee over the premises.
Subsequently, Joanne's business has not been a success. To remain solvent, Joanne needs to acquire her coffee and cake ingredients at a lower price than Frank is charging her. Joanne has not paid her mortgage payments for three months. At present, she feels she may not be able to meet her repayment obligations in the foreseeable future. Frank has told Joanne that he will not terminate the mortgage contract until the value of commercial property increases.
Advise Joanne.
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