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  • Essay / Case Study Yerkey V Jones - 933

    If the above issues are established, the court has the discretion to void the warranty. Dixon J suggests that the principle rests on the relationship between husband and wife of the presumption of influence. Nevertheless, the possibilities it offers are such that if the husband gives his wife security for his debt, a creditor who consents to his security obtained through his husband has been considered to subordinate him to any disabling conduct of her husband's part, although the creditor is unaware of such behavior. The decision in Yerkey v Jones was considered in Garcia v National Australia Bank (Garcia). Garcia involved a similar set of factual circumstances to those present in Yerkey v. Jones. In the Garcia case, Ms Garcia and her then husband took out a mortgage with the National Australia Bank to secure collateral for their husband's business. Mrs. Garcia gave security for the debts to be incurred by her husband, but she did not understand the nature of the transaction. Ultimately, the court ruled that the security should be fixed