Diligence - Inhibition Flashcards

1
Q

Playfair Investments Ltd v McELvogue [2012] CSOH 148 2012 GWD 30-611

(what happens if the missives are concluded prior to the inhibition. Is a disposition in implement of those missives a future voluntary act?)

A

Playfair case confirms that what is caught is future voluntary acts

The action of the seller is implementing an obligation that has already been entered into before the inhibition.

  • So it is involuntary (he is simply complying with what he is required to do)
  • So the buyer in this case should get a good title to the property
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