Repudiatory breach of leases – Hard lessons for ‘contractualisation’ of leases

6:00pm - 7:00pm / Thursday 23rd February 2017 / Venue: Hearnshaw Lecture Theatre Eleanor Rathbone Building
Type: Lecture / Category: Research
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Property Law Lecture hosted by the Charity Law and Policy Unit

Repudiatory Breach of Leases – Hard Lessons for ‘Contractualisation’ of Leases

Warren Barr, Professor of law, University of Liverpool

Abstract:

Using the introduction and operation of repudiatory breach as a remedy for leaseholders as a case study, this lecture will consider whether the importation of contractual principles to regulate leases has brought welcome reform to the common law of England and Wales. The move to treat leases as contracts first and property rights second, the so-called ‘contractualisation of leases’, was initially welcomed, but, as the title suggests, this reaction may have been misplaced and that leases are better treated primarily as property rights.

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