Topic > Yerkey V Jones Case Study - 933

If the above issues are established, the court may void the warranty. Dixon J suggests that the principle is based on the presumption of influence in the relationship between husband and wife. However, the opportunities it offers are such that if the husband procures the wife to be a guarantor of her debt, a creditor who agrees to the security procured through her husband is deemed to regard it as subordinate to any disabling conduct on the part of her husband, although the creditor is not aware of such conduct. The decision reached 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 Garcia, Mrs Garcia and her husband at the time took out a mortgage with National Australia Bank to secure security in her husband's business. Mrs. Garcia provided security for the debts incurred by her husband, but did not understand the nature of the transaction. Ultimately, the court found that the bond should be set