Seddon on Deeds
| Author | : | |
| Rating | : | 4.29 (808 Votes) |
| Asin | : | 1760020192 |
| Format Type | : | paperback |
| Number of Pages | : | 272 Pages |
| Publish Date | : | 2013-06-19 |
| Language | : | English |
DESCRIPTION:
Phillip Taylor MBE said Deeds in perspective. DEEDS IN PERSPECTIVE -- FOR INTERNATIONAL, COMMERCIAL AND PROPERTY LAWYERSAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersWhen exactly do you need a deed? Is a deed better than a contract? Or is a contract better than a deed?Published b
Dr Nicholas Seddon is adjunct professor at The Australian National University College of Law.
Unfortunately, while the basic stipulations as to the form of a deed are common throughout the land, there are subtle differences as to the required form from State to State. Seddon has obviously aimed to provide a rational, factual and therefore unsentimental look at, or re-examination of deeds, based on a formidable amount of research and supported by frequent reference to case studies throughout. Up to now, one looked for authority from the seminal English book, Norton on Deeds (2nd ed, 1928) and Ch 10 of Lewison on the Construction of Contracts, plus works like Laws of Australia and the Au
Enforcement concentrates on the "who" question: who can enforce and who is bound? Remedies focus on the "how" question. Chapter 3 examines the elusive concept of delivery and the use of escrows. Chapter 5 considers issues of interpretation of deeds, a particularly important topic when using a settlement deed. Seddon on Deeds provides important insights for practitioners on the hazards that can be encountered in using deeds and sets out how to ensure that a deed is legally sound and how to avoid trouble.. Chapter 2 sets out the law on execution of deeds for all types of legal entities. Chapter 4 analyses the legal consequences of altering a deed, either inadvertently or by agreement. Until now, practitioners have had to use Norton A Treatise on Deeds, an English text of 1928. Chapter 7 covers the various ways that a deed is discharged. The 400 year old troublesome rule in Pigot's Case still applies in all jurisdictions except for New South Wales. The book examines in Chapter 1 the pros and cons of using deeds. This is the first Australian text on the law of deeds. Chapter 6 examines enforcement and remedies. There are many ways that deeds can be defective. Seddon on Deeds comprehensively sets out the law applicable to the use of deeds by lawyers, referring, so far as possible, to Aust