Returning to deposits...
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Pawlowski, Mark (2008) Returning to deposits... Property Law Journal, 221. pp. 8-10. ISSN 1461-0752
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Abstract
Examines the Court of Appeal ruling in Midill (97PL) Ltd v Park Lane Estates Ltd on whether the court should exercise its discretion to return a deposit paid under a contract for the sale of a property where, despite the claimant having defaulted on its purchase, the owner obtained a higher price than would have been paid by the claimant when it subsequently sold the property to a third party. Considers the need for special or exceptional circumstances to be present to override the rule that deposits were to be forfeited upon the purchaser's default.
| 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, forfeiture, repayments, rescission, |
| 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/1421 |
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