The termination of real property interests by frustration under English law
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 |
||
|
PDF (Part 1)
19718_Pawlowski_Part1.pdf - Published Version Download (1MB) | 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: | |
Last Modified: | 08 Jan 2019 10:47 |
URI: | http://gala.gre.ac.uk/id/eprint/19718 |
Actions (login required)
View Item |
Downloads
Downloads per month over past year