Economics 3366A/B Study Guide - Quiz Guide: Glossary Of Tennis Terms, Firstpost, Specific Performance
8 Oct 2020
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Commissioner per new towns v cooper [1995: wanted to build a contract from correspondence, rejected by the court. Mccausland v duncan lawrie ltd [1995: changing a detail must meet the requirements in s. 2. Mclaughlin v duffil: you can authorise someone else to sign a contract on your behalf. There is also a risk between exchange and completion (e. g. damage to property). Common law: risk passes to purchaser on exchange of contracts, bound to complete, even after a disaster, insurance is required from point of exchange. Standard contractual terms: risk remains with seller, seller must transfer property in the same state as at the exchange of contracts, can rescind the contract if the property is unusable. Insurance is still recommended for minor damage. Basic rule = if s. 2 is not met, there is no contract. Law commission report replaced old doctrine of part-performance with proprietary estoppel.
