Mind What You Say

This article was first published in Solicitors Journal.

Property lawyers of all people will be aware of the tension between the need for commercial certainty, and hence the emphasis on the necessity for agreements for the disposition of interests in land to be in writing, and the occasional need to mitigate the harshness that such certainty can produce by allowing for oral agreements to take effect as actionable representations or estoppels when circumstances dictate that an unjust result should be avoided.

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