16. Compare Chattel mortgage from Contract of pledge


(a) Distinguish a contract of chattel mortgage from a contract of pledge. (2%)

(b) Are the right of redemption and the equity of re­demption given by law to a mortgagor the same? Explain. (2%)

(c) X borrowed money from Y and gave a piece of land as security by way of mortgage. It was expressly agreed between the parties in the mortgage contract that upon non­payment of the debt on time by X, the mortgaged land would already belong to Y. If X defaulted in paying, would Y now become the owner of the mortgaged land? Why? (3%)

(d) Suppose in the preceding question, the agreement between X and Y was that if X failed to pay the mortgage debt on time, the debt shall be paid with the land mortgaged by X to Y. Would your answer be the same as in the preced­ing question? Explain. (3%)

No comments: