Part Performance in UK Law

  • Steadman v Steadman
    • House of Lords
    • 19 June 1974
    ... ... (2) This section … does not affect the law relating to part performance …" ... 6 The husband relied on ... ...
  • Actionstrength Ltd (trading as Vital Resources) v International Glass Engineering in.GL.EN SpA and another
    • House of Lords
    • 03 April 2003
    ... ... of land, this second mischief was mitigated by the doctrine of part performance. Implementation of an agreement (even if partial) could be ... ...
  • Yaxley v Gotts and another
    • Court of Appeal (Civil Division)
    • 24 June 1999
    ... ... 40 of the Law of Property Act 1925, which itself replaced part of s. 4 of the Statute of Frauds Act 1677. It is not in dispute that ... , including in particular the equitable doctrine of part performance, which was specifically mentioned in s. 40(2). Section 40 was in the ... ...
  • Stack v Dowden
    • House of Lords
    • 25 April 2007
    ... ... The problems which these very unusual cases create are for the most part problems of fact. The law that is to be applied, now that the former ... that arose in connection with the doctrine of part performance, where the act of part performance relied on had to be "uniquely ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 June 1942
    ... ... with the Enemy Act, 1939, it was declared that Poland (including that part in which the port of Gdynia is situated) was enemy territory ... ( a ) for damages for breach of contract, ( b ) for specific performance—an obviously hopeless claim—or, alternatively, return of the £1,000 ... ...
  • Jennings v Rice
    • Court of Appeal (Civil Division)
    • 22 February 2002
    ... ... He started to work for Mrs Royle on a part-time basis at 30p per hour. At the beginning he used to work Saturdays and ... is a faint parallel with the old equitable doctrine of part performance, of which Lord Selborne said in Maddison v Alderson (1883) 8 App Cas 467 ... ...
  • Mary Elizabeth Errington (Widow) v Mary Dougan Errington (Married Woman) and Edith Annie Wood (Spinster)
    • Court of Appeal
    • 19 December 1951
    ... ... The purchase was financed through a building society part of the purchase price b eing paid down and the rest left on mortgage ... before us but it would seem to me that the doctrine of part performance would clearly apply ... 32 Mr Marnan argued that if ... ...
  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 March 1988
    ... ... 3 This appeal arises from an action for specific performance of an agreement for an under-lease, alleged to have been made in either ... due to expire on 31st May 1984, Marchcoin enjoyed the protection of Part II of the Landlord and Tenant Act 1954 ... 4 In ... ...
  • Tiverton Estates Ltd v Wearwell Ltd
    • Court of Appeal (Civil Division)
    • 20 November 1973
    ... ... to Counsel with a view to commencing proceedings for specific performance. In the meantime we are lording the necessary Cautions it the Land ... of an agency for Russia for 10 years, if the plaintiffs would bear a part of the expenses of an exhibition. The plaintiffs accepted the offer by ... ...
  • Luxor (Eastbourne) Ltd v Cooper
    • House of Lords
    • 12 December 1940
    ... ... expressed it at p. 458, where there is no default on the part of the vendor) ... 13 But what amounts to "reasonable cause" in this ... completion, but that as the respondent had proved complete performance on his part he was entitled to claim damages. Scott L.J. thus sums up his ... ...
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