Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (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
Pre-2014 Departments:	School of Humanities & Social Sciences School of Humanities & Social Sciences > Department of Law & Criminology School of Humanities & Social Sciences > Law & Criminology Research Group
Related URLs:	Organisation Publisher
Last Modified:	02 Oct 2019 14:30
URI:	http://gala.gre.ac.uk/id/eprint/1420

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