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

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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

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History of this Reference (Digest)

Table of Contents

Community Law Reform Program
Terms of Reference
Participants

Chapter 1: OVERVIEW AND RECOMMENDATION
Footnotes

Chapter 2: HISTORY AND OPERATION OF THE RULE
I. Contract Damages: General Principles
II. Origins and Development of the Rule

A. Origins:

Flureau v Thornhill

B. Reception

C. Restatement:

Bain v Fothergill

D. Later Qualifications

III. Present State of the Rule

A. When is the Rule Applied?

1. Defects in Title

2. Bona Fides of Vendor

B. What Damages may be Recovered?

Footnotes

Chapter 3: CONSIDERATIONS FOR REFORM
I.Support for the Rule
II. Inconsistencies
III. Modern Conveyancing Practice
IV. Applicability to Torrens System Land
V. Unregistered Interests
VI. Reform in Other Jurisdictions
VII. Incidental Matters

A. Express Agreements

B. Vendor’s Refusal to Complete

VIII. Conclusion and Recommendation
Footnotes

Appendix : DRAFT LEGISLATION

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