Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (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
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 14:31
URI:	http://gala.gre.ac.uk/id/eprint/1421

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