Lysaght v Edwards (1876) 2 Ch D 399

Lord Jessell M.R. (pg. 506): "The moment you have a valid contract for sale, the vendor becomes in equity a trustee for the purchaser of the estate sold, the vendor having a right to purchase money and a right to retain possession of the estate until the purchase money is paid, in the absence of express contract as to the time of delivering possession."

Accordingly the remedy of specific performance was available to enforce the constructive trust which had arisen from a contract of sale.

This study area has been created by our experts to help students with Administrative Law Essay and Problem Questions. If you require further help with your question, why not order a fully customised model answer on which to base your assignment? Use our online order form to submit your request and you could have a complete model answer written to your specification within 24 hours.

Back to Law Cases