Blogs about: Subject To Contract

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Agreement 'subject to a proper contract'

Michael Lower wrote 5 months ago: In Chillingworth v Esche ([1924] 1 Ch. 97, CA (Eng)) S agreed to sell his land to P. The parties sig … more →

Tags: Contract, Contracts

'Subject to contract' does not apply where it is 'meaningless in the context'1 comment

Michael Lower wrote 5 months ago: In Michael Richards Properties Ltd v Corporation of Wardens of St Saviour’s Parish, Southwark … more →

Tags: Contracts, Contract, Conveyancing

"Subject to contract" and proprietary estoppel

Michael Lower wrote 5 months ago: In Secretary of State for Transport v Christos ([2003] EWCA Civ 1073, CA (Eng)) the Secretary of Sta … more →

Tags: Contracts, Proprietary Estoppel, Contract

Was an agreement for lease binding?

Michael Lower wrote 8 months ago: In Tang Wai Man v Fotosky Investment Ltd ([2006] HKEC 2358, CFI) F owned the basement of a commercia … more →

Tags: Construction, Contract, Contracts, Formalities, interpretation, misrepresentation, repudiation

Subject to Survey

Sr Edmond Cheung wrote 9 months ago: Agreements may be made subject to all sorts of matters. It is a question of construction in each cas … more →

Tags: Law, subject to survey, Agreement

Provisional sale and purchase agreement: binding if that was the parties' intention

Michael Lower wrote 10 months ago: In Lam Tam Yi v Chak Wai Man ([1993] 1 HKC 537) the parties had entered into a provisional sale and … more →

Tags: Contracts, Contract, Conveyancing

'Subject to contract' and the Pallant v Morgan equity

Michael Lower wrote 1 year ago: In London & Regional Investments Ltd v TBI plc ([2002] EWCA Civ 355, CA (Eng)) L bought TBI … more →

Tags: Constructive Trust, Pallant v Morgan equity

Proprietary estoppel and rent free periods

Michael Lower wrote 1 year ago: In Edwin Shirley Productions Ltd v Workspace Management Ltd ([2001] 2 EGLR 16) E occupied several pa … more →

Tags: Constructive Trust, Proprietary Estoppel

Proprietary estoppel and subject to contract: proposed lease of a farm

Michael Lower wrote 1 year ago: In James v Evans ([2000] 3 EGLR 1, CA (Eng)) H and E had agreed in principle for the grant by H to E … more →

Tags: Estoppel, promissory estoppel, Proprietary Estoppel

Estoppel and lease renewal negotiations

Michael Lower wrote 1 year ago: Derby & Co Ltd v ITC Pension Trust Ltd ([1977] 2 All ER 890) concerned lease renewal negotiation … more →

Tags: Contracts, Proprietary Estoppel, Contract, Landlord and Tenant Act 1954, Lease Renewal, Landlord and Tenant

'Subject to contract' and a land exchange

Michael Lower wrote 1 year ago: In Salvation Army Trustee Co Ltd v West Yorkshire Metropolitan County Council ((1981) 41 P. & C. … more →

Tags: Proprietary Estoppel

Failed contractual negotiations and proprietary estoppel after Cobbe

Michael Lower wrote 1 year ago: In A v B ([2008] EWCH 2687) B owned the only two issued shares in a company intended to run a care h … more →

Tags: Pallant v Morgan equity, Proprietary Estoppel, Quantum Meruit, Unjust Enrichment

Proprietary estoppel and very clear assurances given in the course of negotiations

Michael Lower wrote 1 year ago: Attorney-General v Humphrey’s Estate makes it very clear that an assurance that has been given … more →

Tags: Proprietary Estoppel

Contractual negotiations and proprietary estoppel: the need for detrimental reliance

Michael Lower wrote 1 year ago: In Pakwell Investment Ltd v CRC Department Store ([2002] HKEC 112), Pakwell was negotiating for the … more →

Tags: Contracts, Proprietary Estoppel, Contract

The continuing effect of subject to contract

Michael Lower wrote 1 year ago: Where negotiations have begun under the ‘subject to contract’ umbrella, they continue to … more →

Tags: Contract

When 'subject to contract' is meaningless

Michael Lower wrote 2 years ago: The words ‘subject to contract’ are not lightly to be disregarded. The court can ignore … more →

Tags: Contracts, Formalities

Hope is not enough for proprietary estoppel

Michael Lower wrote 2 years ago: In Attorney-General v Humphreys Estate (Queen’s Gardens) Ltd ([1987] HKLR 427 (PC)) the Hong K … more →

Tags: Proprietary Estoppel, détriment, detrimental reliance

"Subject to contract" and proprietary estoppel

Michael Lower wrote 2 years ago: J.E. Adams (‘Floreat (still) “subject to contract” ‘, [2001] Conveyancer ad … more →

Tags: Formalities, Proprietary Estoppel

The essential elements of a memorandum satisfying section 3 of the CPO

Michael Lower wrote 2 years ago: Section 3(1) of the Conveyancing and Property Ordinance reads: ‘Subject to section 6(2), no ac … more →

Tags: Contracts, Formalities, memorandum


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