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Returning to deposits...

Returning to deposits...

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2008) Returning to deposits... Property Law Journal, 221. pp. 8-10. ISSN 1461-0752

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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
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Last Modified: 02 Oct 2019 14:31

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