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Words: 2,000 | Submitted: Sun May 17 2009
... has been carried out. Generally, as part of a contract for sale of land parties will be required to complete a fixture, fittings and content's form before the transaction has been completed for the purchase of land. If this is the case then both parties are entitled to whatever was agreed to in the form. However, it will assumed that no form was completed as there appears be an oral agreement (which only creates moral obligation's but not legal ones). Furthermore no specific provision is mentioned in a contract. Therefore, in deciding if a certain item is either a fixture or a fitting two tests will be applied along side the common law. These two tests are referred to as the degree of annexation test and the purpose of annexation test. First of all it must be considered whether the contents of the study were reasonably taken away by David. ...
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