7. Transfer of ownership by a non-owner

2017 ◽  
Author(s):  
Eric Baskind
Keyword(s):  
Third Party ◽  
Essential Information

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.

4. Privity and third party rights

2021 ◽  
pp. 72-96
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Essential Information ◽  
Privity Of Contract

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the doctrine of privity and third party rights. The doctrine of privity of contract provides that a person who is not a party to a contract (called a ‘third party’), cannot acquire rights under or enforce the provisions of that contract or rely on its protections even if the provisions were intended to benefit that third party. At common law there are complex, and sometimes artificial, ways to avoid this conclusion. More significant nowadays is the attempt to reform this principle by legislation in the Contracts (Rights of Third Parties) Act 1999, allowing some third party beneficiaries to enforce the provisions of contracts.

12. Easements and profits

2020 ◽  
pp. 178-200
Author(s):  
Victoria Sayles
Keyword(s):  
Common Law ◽  
Third Party ◽  
Essential Information ◽  
The Status

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easements may arise through express or implied acquisition. Implied acquisition may arise by virtue of necessity, common intention, operation of s 62 Law of Property Act (LPA) 1925 or under the rule in Wheeldon v Burrows (although the latter two methods will not operate in a reservation scenario). Alternatively, an easement may have been acquired out of long use, known as prescription, of which there are three modes: common law, lost modern grant, and the Prescription Act 1832. An easement can be either legal or equitable in status, depending upon which formalities have been satisfied. The status of an easement will determine the relevant rules governing the enforcement of that interest against a third party.

4. Unregistered land

2020 ◽  
pp. 49-59
Author(s):  
Victoria Sayles
Keyword(s):  
Third Party ◽  
Essential Information ◽  
Proof Of Ownership ◽  
The World ◽  
Land Register

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.

Regulierte Netzzugangsentgelte in der Elektrizitätswirtschaft und gesellschaftliche Wohlfahrt

2008 ◽  
Vol 59 (1) ◽  
pp. 1-22
Author(s):  
Christoph Bier ◽  
Dieter Schmidtchen
Keyword(s):  
Value Chain ◽  
Third Party ◽  
The European Union ◽  
Essential Information ◽  
Second Best ◽  
Playing Field ◽  
Electricity Grids ◽  
Welfare Implications ◽  
Access Charges

SummaryCompanies active in electricity generation or supply that also own transmission or distribution network assets are generally presumed to have an economic interest in using its monopoly position as network owner to prevent or hinder competition in other areas of the value chain. This can happen in many ways such as raising rivals’ costs, price squeezes or by providing essential information only to affiliated companies. All of these practices distort a level playing field. In order to limit the risk of such behavior from occurring Member States of the European Union introduced a “regulated third party access” regime under which third parties have a right to access the network in a non-discriminatory manner. It is the purpose of the paper to derive the welfare implications of a regulation of access charges for electricity grids taking the costs of transmission as a benchmark. It shows that a cost-based regulation is second-best optimal only if the gap between the incumbent’s and the downstream entrant’s efficiency is sufficiently large. In all other cases an access charge deviating from the transmission costs is second-best optimal. There is no simple and generally applicable rule for the determination of second-best optimal access charges.

10. Duress and undue influence

2021 ◽  
pp. 214-226
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Third Party ◽  
Undue Influence ◽  
Essential Information ◽  
Contracting Process

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrines of duress and undue influence may result in a contract being set aside (the remedy of rescission) where illegitimate pressure has been used in the contracting process. This chapter focuses on instances where the agreement cannot stand in light of duress or undue influence, including instances where the duress or undue influence was exercised by a third party and the contracting party had notice of that duress or undue influence.

Contract Law Concentrate

2017 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.

Contract Law Concentrate

2019 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
Contract Law ◽  
Third Party ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Essential Information ◽  
Common Mistake ◽  
Default Rules

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.

11. Licences and proprietary estoppel

2018 ◽  
Author(s):  
Victoria Sayles
Keyword(s):  
Third Party ◽  
Essential Information ◽  
Different Types

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses licences. A licence is permission given by the licensor to the licensee to allow the latter to enter the land of the former, which, without such permission would otherwise amount to a trespass. Different types of licences have different rules in relation to the original parties and successors in title. A bare licence is revocable by the licensor and does not bind a third party. A licence coupled with an interest, ie a profit à prendre, may be irrevocable and may bind a third party whilst the interest remains. Contractual licences arise under the terms of a contract. An estoppel licence arises as a result of a representation by the licensor and a detrimental reliance by the licensee. It is binding between these two parties but is also capable of binding a third party.

10. Undue influence

2017 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
The Other ◽  
Third Party ◽  
Undue Influence ◽  
Essential Information

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrine of undue influence is an equitable doctrine allowing a contract to be set aside (the remedy of rescission) at the court’s discretion where there has been a wrongful (undue) exercise of influence by one party over the other. This chapter focuses on instances where the agreement cannot stand in light of undue influence, including instances where the undue influence was exercised by a third party and the contracting party had notice of that undue influence.

10. Undue influence

2019 ◽  
pp. 223-232
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
The Other ◽  
Third Party ◽  
Undue Influence ◽  
Essential Information

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrine of undue influence is an equitable doctrine allowing a contract to be set aside (the remedy of rescission) at the court’s discretion where there has been a wrongful (undue) exercise of influence by one party over the other. This chapter focuses on instances where the agreement cannot stand in light of undue influence, including instances where the undue influence was exercised by a third party and the contracting party had notice of that undue influence.

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