Property Market in UK Law
-
Ruxley Electronics and Construction Ltd v Forsyth
“
In the valuable analysis contained in Radford v. de Froberville [1972] 1 W.L.R. 1262 Oliver J. emphasised (at p. 1270) that it was for the plaintiff to judge what performance he required in exchange for the price. If the appellant's argument leads to the conclusion that in all cases like the present the employer is entitled to no more than nominal damages, the average householder would say that there must be something wrong with the law.
-
Palk v Mortgage Services Funding Plc
“
In the exercise of his rights over his security the mortgagee must act fairly towards the mortgagor. His interest in the property has priority over the interest of the mortgagor, and he is entitled to proceed on that footing. He can protect his own interest, but he is not entitled to conduct himself in a way which unfairly prejudices the mortgagor.
-
Oxley v Hiscock
“
But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.
-
Philips v Ward
“
We were referred to the cases where a house is damaged or destroyed by the fault of a tortfeasor. If the injured person reasonably goes to the expense of repairing the house, the tortfeasor may well be bound to pay the cost of repair, less an allowance because new work takes the place of old: see Lukin v. Godsell, Peake's Additional Cases, 15; Hide v. Thornborough (1846) 2 Carrington & Kirwan, 250.
It may well be that if, on learning of the real condition of the house, he had decided to leave and re-sell, be would have been entitled to recover from the Defendant, in addition to the £4,000, his costs and expenses of moving in and moving out and of the re-sale. As, however, he elected to stay, after all the facts had become known to him, this point does not arise.
-
Perry v Sidney Phillips & Son
“
I therefore am of the same view as my Lord the Master of the Rolls that the right measure of damage is the measure suggested in both Philips v. Ward and Ford v. White, which is simply the difference between what the plaintiff paid for the property and its value at the date when he obtained it.
-
Cuckmere Brick Company Ltd v Mutual Finance Ltd
“
I accordingly conclude, both on principle and authority, that a mortgagee in exercising his power of 3ale does owe a duty to take reasonable precaution to obtain the true market value of the mortgaged property at the date on which he decides to sell it. No doubt in deciding whether he has fallen short of that duty, the facts must be looked at broadly and he will not be adjudged to be indefault unless he is plainly on the wrong side of the line.
- THE PROPERTY MARKET AND INDUSTRIAL LOCATION
-
Another look at property market maturity framework and its application to Lagos property market, Nigeria
Purpose: The purpose of this paper is to re-examine the framework for determining property market maturity by including the economic characteristics of a country in the measure. Design/methodology...
-
Property market modelling and forecasting: simple vs complex models
Purpose: – The commercial property market is complex, but the literature suggests that simple models can forecast it. To confirm the claim, the purpose of this paper is to assess a set of models to...
-
Artificial intelligence, news sentiment, and property market liquidity
Purpose: The purpose of this paper is to use a text-based sentiment indicator to explain variations in direct property market liquidity in the USA. Design/methodology/approach: By means of an arti...