Special Lectures 2002. Real Property Law: Conquering the Complexities

Publisher:: Irwin Law Inc.
Publication date:: 2003-08-31

Authors:: Law Society of Upper Canada
ISBN:: 9781459313729

Description:

The Law Society of Upper Canada 2002 Special Lectures is the first Special Lectures programme devoted to real estate in over 30 years. The material will be relevant to both solictors and barristers involved with real estate transactions or real estate litigation. The Lectures carefully examine the legal and practical issues that lawyers need to master to properly advise clients who are negotiating, performing, enforcing, and litigating contracts for the purchase and sale of land. These materials will likely become the real estate reference of choice for years to come. Program Chairs: Paul M. Perell, WeirFoulds LLP; and Sidney H. Troister, Torkin Manes Cohen Arbus LLP

Preliminary Sections

Preliminary Sections
Preface

Part I

Two Cheers for Certainty: The Rights and Liabilities of Undisclosed Parties
Conventional and Unconventional Parties: How Documents are Engrossed and Executed
Assignments of Contracts, Novation and Privity

Part II

Caveat Emptor: The Position at Common Law
Drafting Purchase Agreements to Qualify or Extend Caveat Emptor
The Death of Caveat Emptor: Mandatory Warranties and Disclosure in New Home Transactions

Part III

Deconstructing Construction Liens
A Municipal and Planning Law Primer
Restrictive Covenants: The Basic Ingredients
Defining the Parcel: The Complexity Continues
Priorities and Competing Claims to Land
Title and Title Opinions
The Real Estate Lawyer's Duties: Defining the Duty with Reference to Elements of Proximity and Reliance

Part IV

So You're Not Closing!
Fraud in Real Estate Transactions: The Effects and the Remedies
Saving the Deal with Title Insurance

Part V

Good Faith in Contract Law
Good Faith and Contracts: Principles, Doctrines, and Other Considerations

Part VI

When Can a Purchaser Refuse to Close? Making Sense of Conflicting Trends in the Law of Fundamental Breach, Conditions, and Misrepresentation
Anticipatory Breaches and What to Do About Them
Damages in Failed Real Estate Transactions
Blackacre Had No Readily Available Equivalent: Specific Performance and Equitable Damages After Semelhago v. Paramadevan
Table of Cases
Index