LPC Law Notes Property Law and Practice Notes
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
(Prop. Law & Practice p. 310-316)
NON-DISCLOSED INCUMBRANCE REVEALED
Should it have been disclosed? |
T&F NOTE buyer has no rightof action against sellerin relation to an incumbrance under the implied covenants for title, provided thattheincumbrance has been properly disclosed in the contract. |
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Was the contract made by deed? |
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What remedies are available for breach of the contract? P310 | Damages (SCPC 9.1.2) P310
Rescission (SCPC 9.2) P312
Specific Performance of the contract
Remedy expressly contained in the Contract
|
Quantum | Quantum = contract price less market price at the date of the breach plus actual financial loss suffered as a result of the breach |
Mitigation | Claimant must show that he has made reasonable steps to mitigate his loss |
Credit | Must be given for compensation paid under 9.4 or for a deposit forfeited |
Misrep. | T&F NOTE A buyer may have a cause of action against the seller for negligent misrepresentation under the Misrepresentation Act 1967. The action would be for rescission of the contract and damages. But, if contract incorporated SCPCs, SCPC 9.1 limits the remedies available to the buyer. |
THREATEN NOT TO COMPLETE
While this isn’t a breach of contract, it would be prudent for the other party to apply to court for a Specific Performance Order (“SPO”) requiring the other party to complete their obligations under the contract (Hasham)
Note that SPO will not be awarded where: damages in lieu would be adequate (s.50 SCA); a third party has acquired an interest in the property; the seller cannot make good title to sell
Late Completion
(SCPC 9.3) P310 Any delay will result in a breach of contract entitling the injured party to compensation for the period between completion date and actual completion and any damages for any loss suffered as a result of the delay (Raineri v Miles (1981)) but will not entitle him to rescind the contract (SCPC 9.3.1), unless time was of the essence. After notice to complete has been served (SCPC 8.8.1) party at fault will have 10 working days to complete (SCPC 8.8.2). If party at fault continues to delay completion even after Notice (notice makes “time of the essence” a condition of the contract binding on both parties) the innocent party may rescind the contract (SCPC 9.5 (for buyer)) and (SCPC 9.6 (for seller)) and damages etc (Hadley v Baxendale (1854)) may be awarded to the innocent party. Apply to the facts: are there any other buyers around to sell to? What condition is the property market in? See diagram (based on SCPC not SC):
Calculating Compensation: at the Contract Rate (1.1.1(e)) | ||||
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Purchase price | 1,000,000 | |||
Less deposit | (100,000) | |||
Balance due | 900,000 | Check the contract to see what was the... |
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
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