Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2018) The termination of real property interests by frustration under English law. Nottingham Law Journal, 27 (1). pp. 46-63. ISSN 0965-0660

	PDF (Author Accepted Manuscript) 19718 PAWLOWSKI_The_Termination_of_Real_Property_Interests_2018.pdf - Accepted Version Restricted to Registered users only Download (473kB) | Request a copy
Preview	PDF (Part 1) 19718_Pawlowski_Part1.pdf - Published Version Download (1MB) | Preview
Preview	PDF (Part 2) 19718_Pawlowski_Part2.pdf - Published Version Download (278kB) | Preview

Abstract

The article considers the extent to which the common law doctrine of frustration, which is grounded in the law of contract, is currently available as a means of terminating property rights in land which have as their foundation a contractual relationship (whether express or implied) between the parties. The writers’ analysis reveals that a number of such rights falling within the numerus clausus principle, notably, leases, contracts for the sale of land, options to purchase land, easements, profits a prendre, mortgages and covenants affecting freehold land may, in principle, be discharged by a frustrating event under English law.

Item Type:	Article
Uncontrolled Keywords:	doctrine of frustration, property rights, contractual relationship, leases, options to purchase, mortgages, easements, freehold covenants
Subjects:	K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	08 Jan 2019 10:47
URI:	http://gala.gre.ac.uk/id/eprint/19718

Actions (login required)

View Item

Downloads