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KembaraXtra – Legal Terms – Part Performance
Part performance is an equitable doctrine allowing certain contracts to be enforced even though they are not properly evidenced in writing.
The doctrine traditionally applied mainly to contracts involving the sale or transfer of land.
To rely on part performance, the acts performed must clearly and unequivocally relate to the alleged contract.
An example would be a purchaser taking possession of property under an oral agreement for sale.
Although the doctrine has largely been limited by the Law of Property (Miscellaneous Provisions) Act 1989, acts of part performance may still support claims based on proprietary estoppel or constructive trust.
Part performance is an equitable doctrine allowing certain contracts to be enforced even though they are not properly evidenced in writing.
The doctrine traditionally applied mainly to contracts involving the sale or transfer of land.
To rely on part performance, the acts performed must clearly and unequivocally relate to the alleged contract.
An example would be a purchaser taking possession of property under an oral agreement for sale.
Although the doctrine has largely been limited by the Law of Property (Miscellaneous Provisions) Act 1989, acts of part performance may still support claims based on proprietary estoppel or constructive trust.
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