LEGAL ASSIGNMENT

Legal Assignment



Legal Assignment

Introduction

This paper is based on British Real Estate law. This paper has two parts. In the first part, an analysis of Murdoch's question, regarding the denial effect of mis-leading statements on part of the real estate agents, is presented. This in turn relates to the application of Property Mis-descriptions Act of 1991. The second part is based on the analysis of Lord Dipilock's decision in Pioneer Shipping v. BTP Tioxide case, [1982], AC 724 in accordance with Section 69 of the Arbitration Act 1996. This particular decision has triggered a debate on why the British courts have held themselves back from intervening with arbitral decisions (Acker, 2003, 36).

Part A:

Murdoch's Question

Estate Agents' particulars have long carried paragraphs stating, for instance, that all statements contained therein are matters of opinion only, or that all measurements are mere approximations, or that accuracy cannot be guaranteed. Can it be said that, by denying any intention on the agent's part to assert positive facts, they effectively prevent anything from those particulars from constituting a “false or misleading statement?” (Acker, 2003, 36).

Advertising is the general method of promoting products and services. Sellers should know the description of the property rules to avoid getting into the legal trouble. Before you start your description of the property complain, there is something you should know about the description of the property law.

British Real Estate Law

The English real estate law (Land Law) appears continental to the European lawyers, who are often confused regarding the provisions and the statutes, because the distinction between the rights in common law (so-called legal interests) and in equity (so-called equitable interests) still plays a major role. The difference between these types of formal law, the contents of the same situations to regulate, can be explained only historically (Alvis, 2007, 74).

Recent experiences have emerged from the pro-real estate professionals demonstrate the commitment of these by improving the quality of services provided to consumers and society general (Alvis, 2007, 74).

Advertisements are the preliminary negotiations, rather than offers to sell. Descriptions of goods in mail-order catalogues or on the Internet are called preliminary negotiations rather than offers, even though the goods are described in detail and a specific price is set for each article.

Analysis of Property Misrepresentations Act 1991 § 1(2))

Descriptions of land property in mail-order catalogues or on the Internet are called preliminary negotiations rather than offers, even though the estate property be described in detail and a specific price is set for the location of the land or any other property. The same view is usually taken of price quotations that companies send out to their customers. Therefore, when one purchases a land, in response to a quotation, the order does not constitute an acceptance. The placing of the order is instead an offer to purchase made by the buyer, which the firm may accept or reject as it pleases. The widely accepted general rule is that a real estate advertisement that merely names the company, describes the article ...