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Sale of land and personal property: The purchaser as beneficial owner?

Sale of land and personal property: The purchaser as beneficial owner?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 and Brown, James (2020) Sale of land and personal property: The purchaser as beneficial owner? Trust Law International, 34 (2). pp. 63-73. ISSN 0962-2624

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Abstract

The article considers whether the role of equity in imposing a trust on the seller of land after the exchange of contracts pending the completion of the sale should, by analogy, also apply to contracts for the sale of personal property where this property is unique or scarce. It discusses the nature of the constructive trust created on the exchange of property sale agreements, including its timing, the proprietary remedies it provides to the buyer and the vendor's qualified trusteeship. It also examines the nature of a bare trust arising upon payment of the purchase money in the context of the sale of both land and personal property.

Item Type: Article
Uncontrolled Keywords: seller, trustee, land, personal property, constructive trust, bare trust, purchaser, proprietary remedy, sale of goods, personal property
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:
Last Modified: 15 Aug 2020 21:04
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/29206

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