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Showing posts with label Lord Hather. Show all posts
Showing posts with label Lord Hather. Show all posts

Sunday, April 18, 2021

Section 35 of Transfer of Property Act 1882: The Doctrine of Election Simplified

Frederick William Maitland, the father of English Legal History, has given the classical definition of Doctrine of Election as follows:

"He who accepts a benefit under a deed or will or other instrument must:

(a) adopt the whole content of the instrument
(b) conform to all its provisions
(c) renounce all rights that are inconsistent with it"
The Doctrine of Election has been laid down in Section 35 of the Transfer of Property Act 1882.