Which arrangement most clearly makes the sale of one lot legally independent of the sale of the…
Independent contracts make each lot the subject of its own bargain. Where different parts occur within one contract, section 12(4) allows separate enforcement only if the…
Choose your answer
Which arrangement most clearly makes the sale of one lot legally independent of the sale of the remaining property for purposes of specific performance?
Answer and explanation
Correct answer C
Independent contracts make each lot the subject of its own bargain. Where different parts occur within one contract, section 12(4) allows separate enforcement only if the part in question stands on a separate and independent footing and can and should itself be specifically performed.
Option feedback
Option A
The facts make the consideration and bargain indivisible.
Option B
The parties have made a single bargain for the whole plot without independent obligations for its parts.
Option C
The independent contracts and absence of interdependent conditions make each lot’s bargain separate.
Option D
The express condition makes the sales interdependent.
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