ABSTRACT
The doctrines of undue influence and misrepresentation have long formed part of the equitable doctrine of constructive fraud. The scope of these doctrines has been enlarged by recent decisions relating to the creation of mortgages, in which some person is forced into signing a mortgage contract or agreeing to act as a surety for a mortgage contract as a result of undue influence or misrepresentation as to its terms. In this chapter the discussion will focus on the application of the general doctrines of constructive fraud and the doctrine of notice to the particular context of the law of mortgages: the lesser here stands for the greater.
