Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers estoppel and constructive trusts; electronic contracts; effects of the contract; remedies for breach of contract; and application of the law to the sale of the freehold property, 2 Trant Way.
Chapter
4. The contract
Chapter
18. Unilateral acts, acquiescence, and estoppel
This chapter discusses the concepts of unilateral acts, acquiescence, and estoppel, and the relation between the three. All three are rooted in the principle of good faith, but unilateral acts are in their essence statements or representations intended to be binding and publicly manifested as such, whereas acquiescence and estoppel are more general categories, consisting of statements or representations not intended as binding nor amounting to a promise, whose binding force depends on the circumstances.
Chapter
4. The contract
Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers the effects of a valid contract to sell land and applies the law to the sale of the freehold property, 2 Trant Way.
Chapter
7. Legal Nature of Powers
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of sources of power, including statutory powers and duties, the royal prerogative, corporate and contractual powers, and non-legal and abnormal powers. It then describes the conditions imposed on powers conferred on public authorities; the power to revoke or modify the decisions or orders of an administrative authority or tribunal; situations in which the court will hold administrative decisions to be irrevocable; the principle of estoppel; waiver and consent; and the role of res judicata in administrative law.
Chapter
17. Title conflicts in sale transactions
This chapter focuses on title conflicts in sale transactions. Despite the technological changes in improving data capture, storage, and analysis that can help provide a greater capacity to record tidal and goods information, it is not the panacea to title conflicts arising from information asymmetry since it also occurs due to conflicting interests. Section 21 of the Sale of Goods Act 1979 (SGA) preserves the basic common law principle (nemo dat quod non habet) that is subjected to exceptions. The provision also contains the principle of estoppel. The chapter acknowledges that the nemo dat principle itself is simple but some of its laws and exceptions are outdated.
Chapter
11. Equitable Estoppel
The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable estoppel.
Chapter
Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
4. The creation of the agency relationship
This chapter considers the various methods by which a relationship of agency can be created, namely by agreement, by ratification, by operation of law (including agency by necessity), and agency arising due to estoppel. It should be noted that an agency relationship might be held to exist, even though the parties or one of the parties do not wish for it to exist, or have expressly declared that such a relationship does not exist. Equally, the fact that the parties describe themselves as ‘principal’ and ‘agent’ will not conclusively establish that a relationship of agency exists, and the courts will disregard such labels if the realities of the relationship indicate that it is not one of agency. An agency relationship can therefore be created consensually or non-consensually. The chapter also discusses preliminary issues such as the capacity of agent and principal, and the formalities needed to create a relationship of agency.
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7. Transfer of ownership by a non-owner
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.
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8. Formal Methods of Acquisition: Contracts, Deeds, and Registration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 provides the formality requirements for contracts and made the consequences of non-compliance more severe. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.
Book
Richard Clements and Ademola Abass
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.
This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.
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10. Transfer of title
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter examines how a buyer can get good title to goods where the seller’s own title is non-existent or problematic. It provides an overview of the rule nemo dat quod non habet and then discusses various exceptions to it, including estoppel, sale under the Factors Act 1889, sale under a voidable title, sale by seller continuing in possession, and sale by a buyer in possession. In addition this chapter compares the common law and civil law approaches to the problem and encourages a critical approach to the issues it raises.
Chapter
8. Formal Methods of Acquisition: Contracts, Deeds, and Registration
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.
Chapter
5. Cohabitants and Remedies Not Dependent on Marriage
Marriage is not the only way that couples can live together. The term for living together without marriage or civil partnership is cohabiting. The number of people cohabiting rather than living in marriage or civil partnership is increasing. The acceptance of cohabitation across all age groups has risen also. Irrespective of the nature and duration of the cohabitation, there exists in the law a vast difference between the position of cohabitants and those of married couples when a relationship breaks down. This chapter looks at what the differences are and what remedies are available to cohabiting partners who suffer a relationship breakdown, including trusts of land, before considering whether the law should be reformed to give cohabitants ‘divorce style’ claims—and what those might look like.
Book
Rosalind Malcolm
The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. It starts off with an introduction to the nature of equity and the law of trusts. The three certainties and formalities are then described. There is a chapter on trusts, powers, and discretionary trusts which is followed by a description of charitable trusts, trusts of imperfect obligation, and implied and resulting trusts. The book goes on to look at constructive trusts, trusts of the family home, equitable estoppel, the administration of trusts, and finally looks at equitable remedies. This book also includes separate chapters on skills for success in both exams and in coursework assessments.
