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Series: Estates Gazette ; (0041) 14 October 2000, 203(1)Publication details: 2000Subject(s): Summary: To date as a routine part of the conveyancing process, solicitors' undertakings have been enforced as binding contracts, even though essential elements of a contract, such as a consideration, may have been lacking. Looks at the ruling in "Patel v Daybells (a firm)", which threatens this practice and raises the spectre of fraud. It forces the question of who in future will bear the risk of an opposing solicitor not honouring his undertakings, the purchaser or his solicitor. Suggests clients will now have to decide whether more long-winded completion arrangements are necessary .| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS63073 (Browse shelf(Opens below)) | 1 | Available | 108979-1001 |
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To date as a routine part of the conveyancing process, solicitors' undertakings have been enforced as binding contracts, even though essential elements of a contract, such as a consideration, may have been lacking. Looks at the ruling in "Patel v Daybells (a firm)", which threatens this practice and raises the spectre of fraud. It forces the question of who in future will bear the risk of an opposing solicitor not honouring his undertakings, the purchaser or his solicitor. Suggests clients will now have to decide whether more long-winded completion arrangements are necessary .