buying and selling land structures Flashcards

1
Q

adls contract

A
  1. is there a valid contract
    - s24 pla
  2. 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
  3. 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
  4. 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)
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2
Q
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