Formality Flashcards
Mascall v Mascall
If in the process of registering a title but the title has not yet passed, gift takes effect on handing the transfer form to the donee.
Firstpost Homes v Johnson
Both parties’ signatures were not on required document, no contract.
RG Kensington v Hutchingson
Two parties had contract to sell land to third party, third party did not need to sign.
Metha v J Pereira Fernandes
Typing name at the bottom of an email can constitute a signature.
McLaughlin v Duffill
Contract signed by estate agent, hadn’t got authority to sign, wasn’t valid.
Commission for New Towns v Cooper
Crucial element of exchanging, agreeing to exchange.
McCausland v Duncan Lawrie
Alterations must comply with section 2 in full, only clients’ signatures can change contracts. Missing term invalidates contracts.
Spiro v Glencrow Properties
Grant of option requires two signatures
United Bank of Kuwait v Sahib
Equitable mortgages could only arise if section 2 had been complied with.
Robert Leonard Devs v Wright
Contract to buy flat didn’t include term that fixtures were included, invalidated contract.
Record v Bell
Warranty that all searches would be clear taken as missing term of contract, could split the deal into two contracts, purchase contract and land contract.
Grossman v Hooper
Indicated that collateral contract approach can only be taken when deal naturally splits into two.
Walsh v Lonsdale
Lease of mill, rent was being paid in arrears, in equity the terms of the contract provided for the rent to be paid in advance. Landlord executed remedy of distress, seized tenant’s goods to be sold to cover rent.
Lysaght v Edwards
Must insure the moment a contract to buy property is complete.
North East Property Buyers’ Litigation
House sold to nominee for mortgage rescue company, was mortgaged as soon as sale went through, Mrs Scott had no equitable interest. Seemingly overrules Walsh v Lonsdale.
