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Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 12.4 (Part 2)


Planning Your Answer

Issues

Can William withdraw from the arrangement – and take the benefit of the repairs that Ajay has already carried out?

  1. Is there a valid contract between William and Ajay for the sale and purchase of the house? If so, what remedy is Ajay entitled to?
  2. If not, does the work that Ajay has carried out to the property give rise to any rights in his favour?

Rules

  1. Contract
    1. The requirements for a valid contract.
      Section 2, Law of Property (Miscellaneous Provisions) Act 1989; see Land Law, Section 12.4.2 and 12.4.3.
    2. The consequences of a contract for the sale of land (the transfer of the equitable interest).
      SeeLand Law, Section 12.3.
  2. The repairs.
    1. Estoppel.
      SeeLand Law, Sections 12.4.5, 14.4 and 14.5.
    2. Constructive trust.
      See Land Law, Sections 12.4.5, 14.3 and 14.5.;

Answer Plan

  1. Introduce the issues and the key concepts; explain why they are important.
  2. Establish whether there is a valid contract.
    1. Within the scope of section 2?
    2. Section 2 requirements
      1. Writing
      2. containing all the expressly agreed terms
      3. signed by the parties
    3. Salvageable by rectification or doctrine of composite contracts?
  3. Remedies for breach of any valid contract
  4. The repairs
    1. Availability of estoppel and constructive trust as remedies.
    2. Is either established on the facts?
  5. Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning.

Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.


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