warrindice

Question 1

warrindice

Answer 1

sellers missives
sellers disp
keepers
warranties previously given to the seller or sellers predessor

Question 2

warrenty in missives

Answer 2

two warrenties implied
absolutely valid title will be given to the buyer
welsh v russel- that the title will be free of encumbrances except those known/ immaterial
knowledge v contructive knowledge whyte v lee -
must specify all rstrictions and conditions that applied to it
REMEDIES FOR BREACH
RECISSION
DAMAGES ALONE S.3 CONTRACT SCOT ACT

Question 3

SELLERS DISP WARRENTY

Answer 3

most defects uncovered by missives IF NOT then there is the realignment stage s.86/91 IF NOT AND DEFECT REMAINS THEN s.77(5) can claim from the keeper in keeper warrendice rather than seller. but keeper can sue in warridice herself

Question 4

ABSOLUTE WARRENDICE

Answer 4

S.8 TITLES TO LAND CONSOLODATION ACT.
is implied in disp granted on salaemay also be expressed.
only get warrendice the date the disp delivered

Question 5

clark v lindale homes

Answer 5

absolute warrendice: if no title, eviction is required before claim arises nb eviction NOT the same as ejection where defect caused by seconsitant deed of transferor

Question 6

morris v rae

Answer 6

encumbured title and exceptionally no eviction required for guarantee. but eviction occurs without intervention of court where challengers claim is based on an unquestionable ground which canot be sensibly resisted

Question 7

lesser warrendice

Answer 7

if land is gifted rather than sold. simple warriddice applied only is never implied.

limits the defects of the granter past and future

Question 8

s.73 and 77(2) LRA

Answer 8

the keepers warrenty. guarentees the transfer of title. r
guarentees:
the title is accurate
the transferee = owner
encumbrances not omitted
CLAIM ONLY made if reg actually rectified
s.79 sets out how compensation= qualified

Question 9

s.73(2) and 78 LRA

Answer 9

exclusions from keepers warrenty

actual or contructive knowledge of the inaccuracy prevents claim

Question 10

s.75/76 LRA

Answer 10

keeper can vary the warrenty at time of reg or may even exclude it all together

Question 11

s.16(1)(2) LRA 1979

Answer 11

WARRENTY GIVEN TO THE SELLER OR SELLERS PREDECESSOR.
as personal rights the vaious warrenties may be assigned and indeedare assigned by the implied assignation of writs clause in the disp
extended to keepers warrendic 73(3)