Section 3(1) of the Conveyancing and Property Ordinance requires either that land contracts be in writing or that there should be a written record of the terms of a concluded oral contract. The written document needs to be signed by ‘the party to be charged’.

In exceptional cases equity will enforce a concluded oral contract despite the absence of the writing required by CPO s. 3(1) (‘informal land contracts’). Part performance, proprietary estoppel and the common intention constructive trust are the tools available for the enforcement of informal land contracts. This seminar will begin examining and contrast these tools by considering the doctrine of part performance. In particular, there will be discussion of three important cases: The Hong Kong case of World Food Fair v Hong Kong Island Development Ltd [2007] 1 HKLRD 498; the Australian case of Pipikos v Trayans (2018) 265 CLR 522; and the English case of Steadman v Steadman [1976] AC 536.

The discussion will be followed up in a seminar on 11th November, considering the overlaps with, and differences between, the doctrine of part performance and the doctrines of proprietary estoppel and common intention constructive trust.

About the Speakers:

Professor Steven Gallagher, Professor of Practice in Law, CUHK LAW

Professor Alice Lee, Associate Professor of Law, Faculty of Law, HKU

Professor Michael Lower, Associate Professor of Practice in Law, CUHK LAW

The Law Society of Hong Kong has awarded this seminar 1 Continuing Professional Development (CPD) point.