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
