Question
Land law-- CONTRACTS, PRIORITIES AND PROPRIETARY ESTOPPEL--- Jurisdiction :HK/UK Stella is the owner of 12B Bauhinia Gardens. Bertha visits the property and would like to
Land law--CONTRACTS, PRIORITIES AND PROPRIETARY ESTOPPEL---Jurisdiction :HK/UK
Stella is the owner of 12B Bauhinia Gardens. Bertha visits the property and would like to buy it.
- What are the essential characteristics of a contract for the sale and purchase of an interest in land?
- What formalities must be observed to make this contract enforceable?
- What is the effect of a contract that has these characteristics?
- Suppose that Stella and Bertha had entered into a valid oral agreement but that Stella now wants to back out from the agreement. What might be the significance of each of the following?
- (a) Bertha gave Stella a deposit for 5% of the purchase price. Stella gave Bertha a receipt for this deposit. OR
- (b)Stella's solicitors sent Bertha's solicitors a draft contract. The accompanying letter specified the terms of the agreement between Stella and Bertha. It is headed "subject to contract". OR
- (c)Following the oral agreement Stella allows Bertha to begin substantial renovation works at the property.
5. Could Bertha base her claim to an interest in the property on any ground other than the existence of a contract?
6. What formalities would have to be observed to transfer Stella's legal title to Bertha?
references:
https://hklandlaw.wordpress.com/category/proprietary-estoppel/
https://hklandlaw.wordpress.com/category/priorities/
https://hklandlaw.wordpress.com/category/formalities/
Many thanks:)))
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