buying and selling land structures Flashcards
1
Q
adls contract
A
- is there a valid contract
- s24 pla - if adls
- damage in the in-between period assesed according to clasue 5: risk lies with v, who must pay for damage or sale is cancelled, carried out at reduced price - otherwsie default rules apply
- if unconditonal : ET passes to p, risk lies with p, P pay for damage but v owes fiduciary duties to prevent in first place
- if conditonal: ET may pass depending on the natures of the condition, if ET does not pass, V is liable for damage - in either scenario
- consider whether p can claim teh v insurnace under s13ILRA
- consider whether either of the parties could sue in trespass (where damage is caused by somene esle)
2
Q
A