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Mortgage law is out of date. The mortgage of today has little in common with the formative years of mortgage law when two local individuals
Mortgage law is out of date. The mortgage of today has little in common with the formative years of mortgage law when two local individuals dealt with each other to create a loan and security. Now an individual wishing to borrow money inevitable deals with a big commercial operation which makes sure that all contractual terms are in their favour, and they seek to clog the equity of redemption. Broadly discuss this statement.Discuss the history of OST what the requirements were.Then the history of Torrens. Mortgagor's rights to have property unburdened.Protecting the rights not toleration clogs and fetters on equity of redemption Discuss Noakes and Co v Rice.Successful method generating funds.Have a marixt crituq of property relations primary rules of economic servitude in capitalist society.Legal recognition of freedom of contract must not be entirelty free many checks and balances.Equity though mindful of capitalsit thought is prone to moderation refer to Kreglinger v New Patagonia Meat and Cold Storage Co Ltd [1914] .Also discuss the Nemo Dat rule as well in detail.For all of them have case law relevant to this
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