Return of deposits
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Pawlowski, Mark (2008) Return of deposits. Property Law Journal, 209. pp. 18-20. ISSN 1461-0752
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Abstract
Explores case law illustrating the circumstances in which the courts are likely to order the return of a deposit in the event of a buyer's default. Notes the unwillingness of the courts to apply the rule on penalties to deposits and discusses the court's discretion under the Law of Property Act 1925 s.49(2) to order repayment. Focuses on the Chancery Division ruling in Aribisala v St James Homes (Grosvenor Dock) Ltd giving guidance on the circumstances in which the discretion under s.49(2) should be exercised.
| Item Type: | Article |
|---|---|
| Additional Information: | Published version made available here with the permission of the publisher. |
| Uncontrolled Keywords: | contracts for sale of land, deposits, discretion, repayments, |
| Subjects: | K Law > KD England and Wales H Social Sciences > HD Industries. Land use. Labor |
| School / Department / Research Groups: | School of Humanities & Social Sciences > Law & Criminology Research Group School of Humanities & Social Sciences School of Humanities & Social Sciences > Department of Law & Criminology |
| Related URLs: | |
| Last Modified: | 31 Mar 2011 18:20 |
| URI: | http://gala.gre.ac.uk/id/eprint/1420 |
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