Weekly Review: 2nd – 4th January 2013

Adverse possession: owner resuming possession

Mere entry by the rightful owner is not the same as a retaking of possession (Doe d Baker v Coombes).

Adverse possession: intention to possess: implied licence

An intention to possess indefinitely coupled with an acceptance that the paper owner has the right to demand possession is a sufficient intention to possess. There is no need for an intention to dispossess the owner.

In England, at least, an implied licence in favour of the squatter will only be found on the basis of evidence that such a licence has really been given (J. Alston & Sons Ltd v BOCM Pauls Ltd).

Contracts: damages: misrepresentation

The mere fact that an owner is aware that an agent might advertise his property as being on the market is not sufficient to create an agency relationship.

Where a buyer wrongfully refuses to complete and the seller seeks common law damages the usual measure is the difference between the contract price and the market value at the date of the breach (Montrio Ltd v Tse Ping Shun David).

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