The end of s40 and Bain v Fothergill
The end of s40 and Bain v Fothergill
- 1989
- Solicitors` Journal 133(42) 20 October 1989, 1311(1) .
Examines the Law of Property (Miscellaneous Provisions) Act 1989 which makes three minor but significant reforms to the law of property. The two provisions to be implemented now allow that a contract of sale for land must only be made in writing and must contain all the terms expressly agreed, and abolishes the Bain v Fothergill rule which limited the damages available to a purchaser for breach of contract .
Examines the Law of Property (Miscellaneous Provisions) Act 1989 which makes three minor but significant reforms to the law of property. The two provisions to be implemented now allow that a contract of sale for land must only be made in writing and must contain all the terms expressly agreed, and abolishes the Bain v Fothergill rule which limited the damages available to a purchaser for breach of contract .