2. Legal Framework - Section E - F Flashcards
When is land registration compulsory?
When land is sold
Where can land rights be registered?
Land Charges Registry - England/Wales
General register of sasines - Scotland
Registry of Deeds - NI
When is land registration significant/useful?
When a purchaser’s solicitor carries out searches as part of the investigation of title process
What is subject to contract?
Qualified offers which do not become binding contracts until the exchange of contracts.
When is a contract legally binding in scotland?
When the offer is accepted
What is consideration?
Something in a contract which both parties gain or forego value from. Not required in Scottish law
What is capacity to contract?
Some individuals have limited capacity to contract, such as minors. Also a companies power to contract may be set out in their Articles of Association, which is a legally binding document.
What is considered intention to enter into a legal relationship?
Obvious from both circumstances and from both parties behaviour
What is legality of object?
Contracts with an illegal or immoral purpose cannot be enforced and neither party could be sued for breaching it
What must the terms of a contract be?
Clear, certain and free from doubt
What is misrepresentation, duress and undue influence?
The right to void a contract is facts are misrepresented. Duress is coercion into a contract and undue influence is where one party has too much influence over the other.
What is the law of Agency?
Where someone (an agent) can act on behalf of another (the principal) if the laws are met.
What is the purpose of consumer law?
To work alongside contract law to increase consumer rights
What 3 things are required by the Sale of Goods Act
Good must be:
Satisfactory quality
As described
Fit for purpose
What 3 things does the Supply of Goods and Services Act outline?
Goods & services should be provided to a reasonable standard, at a reasonable price and within reasonable time
What does the Unsolicited good and services act do?
If a consumer is sent goods that they did not order, they are not obliged to return them. If the trader demands payment, they are guilty of a criminal offence.
What does part 2 of the Consumer Rights Act address?
Unfair terms - this is when a term causes significant imbalance in the parties’ rights and obligations to the detriment of the consumer.
What does the Trade Descriptions Act do?
Makes it a criminal offence for a tradesperson to misdescribe an article for sale. The description must be judged to be reckless as well as false to fall foul of the act.
Someone can die testate or intestate, what does this mean?
Whether they have died with or without a will. In the case of intestacy there are laws dictating how their estate is divided.
What are the requirements of a valid will?
In writing
Properly executed
Created by someone 18+
Clear in its intentions
No unreasonable conditions
Signed in the presence of two witnesses, neither of which are beneficiaries.
What parties are there to a will?
Testator
Two witnesses
Beneficiaries
Executor(s)
Describe the process of the Laws of Intestacy when a person dies
Leaving a spouse/CP but no issue (children): They are the sole beneficiary
Spouse/CP and issue: SP takes personal chattels, statutory legacy of 270k plus half of any balance outright
No partner: Successively grandchildren, parents, siblings, grandparents, aunts and uncles
No relatives: The Crown takes the estate
Describe the Scottish law of succession
All children are treated equally regardless of whether or not their parents are married to each other
Describe: heritable estate and moveable estate (scotland)
Heritable estate covers land and buildings, moveable estate covers good and moveable possessions
What age must one be to make a will in Scotland, and what can their executor be?
12 or older.
The executor can be either a nominate or dative depending on whether they have been appointed in the will.
What is joint tenancy?
Two or more people purchase a property on a joint basis - they both own all of the property and in the event of death the surviving party becomes the sole owner. The estate of the deceased has no right to the property.
What is Tenancy in common?
Each owner holds their share separately. They can dispose of their share as they wish and upon death their share does to their estate.
(Scotland) What is Common property?
The property is owned in whatever separate shared proportion they choose - can be disposed of as they like in their will.
(Scotland) What is Joint property?
A clause in the agreement dictating that upon death the share will pass to the co-owner, overriding any position in the will.
Upon death, what happens to the debt on a mortgage?
In a joint tenant/property the surviving party takes on responsibility for the entire debt.
In a TiC/Common Property a specific share of the property is passed to the survivor, with the remainder to the deceased’s estate - the debt is usually appointed in the same way
