The question (15 marks)
Define sale under the Transfer of Property Act 1882 and state how a sale of immovable property must be made. Set out the principal rights and liabilities of the seller and the buyer, and explain the two charges which the section creates. (15 marks)
MU Module II, sale; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Sale, Mortgage and Charge of Transfer of Property.
Authorities you will need
- Registration Act 1908, s. 49 and its proviso, for the consequence of non-registration
- Transfer of Property Act, s. 53A, which exists because a contract for sale creates no interest
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.