‘Extravagant and reckless’ wives and indebted husbands: examining the equity of exoneration

Article


Jackson, A. 2018. ‘Extravagant and reckless’ wives and indebted husbands: examining the equity of exoneration. Trusts & Trustees. 24 (5), pp. 427-443.
AuthorsJackson, A.
Abstract

In Armstrong v Onyearu, the Court of Appeal considered the equity of exoneration and, in particular, whether it would apply in circumstances where the wife had received an indirect benefit from the loan. Reflecting on that judgment, this article examines the nature of the equity of exoneration, its legal basis and the economic, social, and political context in which it operates. It will conclude that, while the equity of exoneration may offer some protection to a surety wife, it favours women who are financially independent, as opposed to those who stay at home or support their husbands in business.

JournalTrusts & Trustees
Journal citation24 (5), pp. 427-443
ISSN1363-1780
Year2018
PublisherOxford University Press
Digital Object Identifier (DOI)doi:10.1093/tandt/tty052
Web address (URL)https://doi.org/10.1093/tandt/tty052
Publication dates
Online20 Apr 2018
Print01 Jun 2018
Publication process dates
Deposited23 Apr 2018
Permalink -

https://repository.uel.ac.uk/item/847yz

  • 9
    total views
  • 0
    total downloads
  • 2
    views this month
  • 0
    downloads this month

Related outputs

Landlords and Tenants: Between Contract, Property and Social Relations
Jackson, A. 2019. Landlords and Tenants: Between Contract, Property and Social Relations. in: Houses, Homes and the Law Eleven International Publishing.
From Pain to Blame: Law, Emotion and Property Loss
Jackson, A. 2019. From Pain to Blame: Law, Emotion and Property Loss. Young Property Lawyers' Forum 2019. University of Glasgow, Scotland 06 - 07 Jun 2019 YPLF.
The Tenant As Consumer: A Welcome Development?
Jackson, A. 2018. The Tenant As Consumer: A Welcome Development? 9th Meeting of the Association of Law, Property & Society. University of Maastricht 31 May - 02 Jun 2018
Dispossession: Examining the Rights of the Excluded
Jackson, A. 2018. Dispossession: Examining the Rights of the Excluded. Young Property Lawyers' Forum. University of Maastricht 28 - 29 May 2018
Understanding Your Commercial Lease or Licence
Jackson, A. 2018. Understanding Your Commercial Lease or Licence. Workshop for Latin Elephant. London 10 Apr 2018
Home, Human Rights and Horizontal Effect: An English Approach to Article 8 of the European Convention on Human Rights
Jackson, A. 2018. Home, Human Rights and Horizontal Effect: An English Approach to Article 8 of the European Convention on Human Rights. Queen Mary Human Rights Review. 4 (1).
Privacy, Participation and the City
Jackson, A. 2018. Privacy, Participation and the City. in: Davidson, Nestor M. and Tewari, Geeta (ed.) Global Perspectives in Urban Law: The Legal Power of Cities Routledge. pp. In Press