The trusteeship which arises as between a vendor and purchaser of land depends on the availability of specific performance. Lord Parker of Waddington said: ‘It is sometimes said that under a contract for the sale of an interest in land the vendor becomes a trustee for the purchaser of the interest contracted to be sold . . but however useful such a statement may be as illustrating a general principle of equity, it is only true if and so far as a Court of Equity would under all the circumstances of the case grant specific performance of the contract.’
Judges:
Lord Parker of Waddington
Citations:
[1915] AC 318
Cited by:
Cited – Clarence House Ltd v National Westminster Bank Plc CA 8-Dec-2009
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 05 May 2022; Ref: scu.392515
