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Report 64 (1990) - Community Law Reform Program: Damages for Vendor's Inability to Convey Good Title: The Rule in Bain v Fothergill

Appendix

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History of this Reference (Digest)

CONVEYANCING (AMENDMENT) BILL 1990

NEW SOUTH WALES

[STATE ARMS]

NO , 1990

A BILL FOR

An Act to amend the conveyancing Act 1919 to abolish the rule of law known as the rule in Bain v Fothergill.

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Conveyancing (Amendment ) Act 1990.

Amendment of conveyancing Act 1919 No 6

2. The Conveyancing Act 1919 is amended by inserting after section 54A the following section:

Damages: defective title

54B. (1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to contracts for the sale or other disposition of land or any interest in land made after the commencement of this section.

(2) The Court may award damages for loss of bargain against a vendor who cannot perform such a contract because of a defect in the vendor’s title unless the contract provides that the vendor is not so liable.

(3) This section applies to land under the provisions of the Real Property Act 1900.

Community Law Reform Program | Terms of Reference | Participants
Chapter 1 | Chapter 2 | Chapter 3
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