Barclays Bank plc v O'Brien
E728344
Barclays Bank plc v O'Brien is a leading 1993 House of Lords decision in English law that established key principles on undue influence and a bank’s duty of inquiry when taking security over a family home.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Barclays Bank plc v O'Brien canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T8338872 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Barclays Bank plc v O'Brien Context triple: [Lord Nicholls of Birkenhead, notableWork, Barclays Bank plc v O'Brien]
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A.
Barlow Clowes International Ltd v Eurotrust International Ltd
Barlow Clowes International Ltd v Eurotrust International Ltd is a leading Privy Council decision, delivered by Lord Hoffmann, that clarified the test for dishonest assistance in breach of trust within English equity and trust law.
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B.
S.S. Wimbledon case
The S.S. Wimbledon case was a landmark 1923 decision of the Permanent Court of International Justice that clarified the limits of state sovereignty under international treaty obligations, particularly regarding freedom of navigation through the Kiel Canal.
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C.
Investors Compensation Scheme Ltd v West Bromwich Building Society
Investors Compensation Scheme Ltd v West Bromwich Building Society is a landmark 1998 House of Lords decision in English contract law, best known for Lord Hoffmann’s influential restatement of the principles of contractual interpretation.
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D.
Thoburn v Sunderland City Council
Thoburn v Sunderland City Council is a landmark 2002 English administrative law case in which the High Court articulated the concept of "constitutional statutes" within the UK legal system.
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E.
Walsh v Lonsdale
Walsh v Lonsdale is an English contract and property law case that established the principle that equity regards as done that which ought to be done, allowing equitable leases to be treated as if they were legal leases.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Barclays Bank plc v O'Brien Target entity description: Barclays Bank plc v O'Brien is a leading 1993 House of Lords decision in English law that established key principles on undue influence and a bank’s duty of inquiry when taking security over a family home.
-
A.
Barlow Clowes International Ltd v Eurotrust International Ltd
Barlow Clowes International Ltd v Eurotrust International Ltd is a leading Privy Council decision, delivered by Lord Hoffmann, that clarified the test for dishonest assistance in breach of trust within English equity and trust law.
-
B.
S.S. Wimbledon case
The S.S. Wimbledon case was a landmark 1923 decision of the Permanent Court of International Justice that clarified the limits of state sovereignty under international treaty obligations, particularly regarding freedom of navigation through the Kiel Canal.
-
C.
Investors Compensation Scheme Ltd v West Bromwich Building Society
Investors Compensation Scheme Ltd v West Bromwich Building Society is a landmark 1998 House of Lords decision in English contract law, best known for Lord Hoffmann’s influential restatement of the principles of contractual interpretation.
-
D.
Thoburn v Sunderland City Council
Thoburn v Sunderland City Council is a landmark 2002 English administrative law case in which the High Court articulated the concept of "constitutional statutes" within the UK legal system.
-
E.
Walsh v Lonsdale
Walsh v Lonsdale is an English contract and property law case that established the principle that equity regards as done that which ought to be done, allowing equitable leases to be treated as if they were legal leases.
- F. None of above. chosen
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
English contract law case
ⓘ
English undue influence case ⓘ House of Lords decision ⓘ leading case ⓘ |
| appliedIn | Royal Bank of Scotland plc v Etridge (No 2) NERFINISHED ⓘ |
| areaOfLaw |
banking law
ⓘ
equity ⓘ security over matrimonial home ⓘ undue influence ⓘ |
| citation |
[1993] 3 WLR 786
ⓘ
[1993] 4 All ER 417 ⓘ [1994] 1 AC 180 ⓘ |
| clarifies |
scope of a bank’s responsibility for misrepresentation by a debtor spouse
ⓘ
when a bank is fixed with constructive notice of undue influence ⓘ |
| concerns |
security over a family home
ⓘ
spousal guarantees ⓘ |
| country | United Kingdom ⓘ |
| court | House of Lords NERFINISHED ⓘ |
| decisionType | appeal decision ⓘ |
| defendant |
Mr O'Brien
NERFINISHED
ⓘ
Mrs O'Brien NERFINISHED ⓘ |
| establishes |
bank’s duty of inquiry in non-commercial relationships
ⓘ
constructive notice test for banks in undue influence cases ⓘ requirement for banks to take reasonable steps to ensure informed consent ⓘ requirement to advise independent legal advice in certain circumstances ⓘ |
| holds |
principles on actual undue influence
ⓘ
principles on presumed undue influence ⓘ |
| influenced | Royal Bank of Scotland plc v Etridge (No 2) NERFINISHED ⓘ |
| judge |
Lord Browne-Wilkinson
NERFINISHED
ⓘ
Lord Griffiths NERFINISHED ⓘ Lord Lowry NERFINISHED ⓘ Lord Templeman NERFINISHED ⓘ Lord Woolf NERFINISHED ⓘ |
| jurisdiction | England and Wales ⓘ |
| keyword |
bank’s duty of inquiry
ⓘ
constructive notice ⓘ matrimonial home ⓘ spousal guarantee ⓘ undue influence ⓘ |
| leadingJudge | Lord Browne-Wilkinson NERFINISHED ⓘ |
| legalPrinciple |
a bank is put on inquiry where a wife guarantees her husband’s debts and the transaction is not to her financial advantage
ⓘ
constructive notice arises where a bank fails to make proper inquiry in suspicious circumstances ⓘ failure to take reasonable steps to ensure informed consent may render security unenforceable ⓘ |
| legalSystem | common law ⓘ |
| plaintiff | Barclays Bank plc NERFINISHED ⓘ |
| result | security set aside as against the wife ⓘ |
| subjectMatter |
enforcement of a charge over the matrimonial home
ⓘ
wife’s guarantee of husband’s business debts ⓘ |
| yearDecided | 1993 ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: Barclays Bank plc v O'Brien Description of subject: Barclays Bank plc v O'Brien is a leading 1993 House of Lords decision in English law that established key principles on undue influence and a bank’s duty of inquiry when taking security over a family home.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.