2. Legal Framework - Section E - F

Question 1

When is land registration compulsory?

Answer 1

When land is sold

Question 2

Where can land rights be registered?

Answer 2

Land Charges Registry - England/Wales

General register of sasines - Scotland

Registry of Deeds - NI

Question 3

When is land registration significant/useful?

Answer 3

When a purchaser’s solicitor carries out searches as part of the investigation of title process

Question 4

What is subject to contract?

Answer 4

Qualified offers which do not become binding contracts until the exchange of contracts.

Question 5

When is a contract legally binding in scotland?

Answer 5

When the offer is accepted

Question 6

What is consideration?

Answer 6

Something in a contract which both parties gain or forego value from. Not required in Scottish law

Question 7

What is capacity to contract?

Answer 7

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.

Question 8

What is considered intention to enter into a legal relationship?

Answer 8

Obvious from both circumstances and from both parties behaviour

Question 9

What is legality of object?

Answer 9

Contracts with an illegal or immoral purpose cannot be enforced and neither party could be sued for breaching it

Question 10

What must the terms of a contract be?

Answer 10

Clear, certain and free from doubt

Question 11

What is misrepresentation, duress and undue influence?

Answer 11

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.

Question 12

What is the law of Agency?

Answer 12

Where someone (an agent) can act on behalf of another (the principal) if the laws are met.

Question 13

What is the purpose of consumer law?

Answer 13

To work alongside contract law to increase consumer rights

Question 14

What 3 things are required by the Sale of Goods Act

Answer 14

Good must be:
Satisfactory quality
As described
Fit for purpose

Question 15

What 3 things does the Supply of Goods and Services Act outline?

Answer 15

Goods & services should be provided to a reasonable standard, at a reasonable price and within reasonable time

Question 16

What does the Unsolicited good and services act do?

Answer 16

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.

Question 17

What does part 2 of the Consumer Rights Act address?

Answer 17

Unfair terms - this is when a term causes significant imbalance in the parties’ rights and obligations to the detriment of the consumer.

Question 18

What does the Trade Descriptions Act do?

Answer 18

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.

Question 19

Someone can die testate or intestate, what does this mean?

Answer 19

Whether they have died with or without a will. In the case of intestacy there are laws dictating how their estate is divided.

Question 20

What are the requirements of a valid will?

Answer 20

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.

Question 21

What parties are there to a will?

Answer 21

Testator
Two witnesses
Beneficiaries
Executor(s)

Question 22

Describe the process of the Laws of Intestacy when a person dies

Answer 22

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

Question 23

Describe the Scottish law of succession

Answer 23

All children are treated equally regardless of whether or not their parents are married to each other

Question 24

Describe: heritable estate and moveable estate (scotland)

Answer 24

Heritable estate covers land and buildings, moveable estate covers good and moveable possessions

Question 25

What age must one be to make a will in Scotland, and what can their executor be?

Answer 25

12 or older.
The executor can be either a nominate or dative depending on whether they have been appointed in the will.

Question 26

What is joint tenancy?

Answer 26

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.

Question 27

What is Tenancy in common?

Answer 27

Each owner holds their share separately. They can dispose of their share as they wish and upon death their share does to their estate.

Question 28

(Scotland) What is Common property?

Answer 28

The property is owned in whatever separate shared proportion they choose - can be disposed of as they like in their will.

Question 29

(Scotland) What is Joint property?

Answer 29

A clause in the agreement dictating that upon death the share will pass to the co-owner, overriding any position in the will.

Question 30

Upon death, what happens to the debt on a mortgage?

Answer 30

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