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The termination of real property interests by frustration under English law

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

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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 / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 08 Jan 2019 10:47
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: GREAT b
URI: http://gala.gre.ac.uk/id/eprint/19718

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