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17 April 2008
Issue: 7317 / Categories: Case law , Law digest
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Conveyancing

Aribisala v St James’ Homes (Grosvenor Dock) Ltd [2008] EWHC 456 (Ch), [2008] All ER (D) 201 (Mar)

The only real scope for the operation of s 49(2) of the Law of Property Act 1925 (ordering the return of a deposit) is when the purchaser is the party unable to perform the contract: where it is the vendor who is unable to perform the contract, the purchaser will have a legal right to the return of the deposit.

What needs to be looked at is how close the purchaser came to performing the  contract, what alternatives he was able to  propose to the vendor and how advantageous they would be compared with actual performance of the contractual terms. Where the purchaser simply could not perform the contract or offer any such alternative, then it would be exceptional for the deposit to be returned.

Issue: 7317 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
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