The question (15 marks)
Define a mortgage and distinguish the simple mortgage, the English mortgage, the mortgage by conditional sale and the usufructuary mortgage, stating for each the clause that makes the deed that kind of mortgage and the formalities the deed must satisfy. (15 marks)
MU Module I, 1.2; pack ch. 02 heading on mortgage deeds.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Conveyances, Registration and Partnership of Drafting, Pleading and Conveyancing – II.
Authorities you will need
- Transfer of Property Act 1882, section 58(a) (definition of mortgage)
- Transfer of Property Act 1882, section 58(b) (simple mortgage)
- Transfer of Property Act 1882, section 58(d) (usufructuary mortgage)
- Transfer of Property Act 1882, section 58(e) (English mortgage)
- Transfer of Property Act 1882, section 59 (registered instrument, two attesting witnesses)
- Transfer of Property Act 1882, section 60 (right of redemption)
- Registration Act 1908, section 17(1)(b)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.