A person entitled to a charge over or an interest in property who has, knowingly or unknowingly, allowed or encouraged a subsequent incumbrancer to assume to his detriment that his security has priority may be estopped from asserting priority if it would be unconscionable for him to do so1. Thus a mortgagee will be postponed if he has returned the deeds to, or left them with, the mortgagor for the purposes of enabling the mortgagor to raise money on them, notwithstanding that the limit which he has assigned for the loan has been exceeded
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
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