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Return of Deposits

Return of Deposits

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Return of Deposits. Estates Gazette (2204). pp. 42-43. ISSN 0014-1240

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The article discusses the discretionary power of the courts to order the repayment of deposits under s.49(2) of the the Law of Property Act 1925. It considers whether discretion to relieve from forfeiture is qualified, cases involving specific performance and the need for certainty. It also highlights guidance on the factors that the court should take into account when exercising its discretion, including the need for there to be special or exceptional circumstances.

Item Type: Article
Uncontrolled Keywords: contracts for sale of land, deposits, discretionary powers, relief against forfeiture, repayments, specific performance, certainty
Subjects: K Law > K Law (General)
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)
Last Modified: 04 Feb 2022 13:25

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