Contracts for sale of land
{"Image DocumentName": "Contracts for sale of land", "Image ImageDescription": "A is the owner of a fee simple estate and is listed as the registered proprietor. A entered into a valid binding contract of sale with B, then A refuses to complete the valid binding contract of sale. Here the purchaser has a right to sue the registered proprietor for breach of that binding contract of sale. Where B sues A for breach of contract A can not raise their indefeasible title as a defence to an action by B for breach of contract. Then, if the purchaser seeks the equitable remedy of specific performance, the court will order the registered proprietor to perform the contract, order the proprietor to execute a transfer and to deliver it to the purchaser in return for purchase price. The purchaser then can register that transfer and title will change on the folio. This is an example of the in personam exception. Indefeasibility did not prevent B from exercising their rights against A in contract and equity in the breach of the contract claim and in seeking the equitable remedy of specific performance. Paradise Constructors & Co Pty Ltd v Poyser [2007] VSCA 316, at [36]. (c) Cameron Stewart 2009.", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}