Specific performance availability, executed consideration, and the principle of Holroyd v Marshall

Publication Type

Journal Article

Publication Date

2-2025

Abstract

The principle originating from a speech of Lord Westbury's in 'Holroyd v Marshall' provides: where future property has purportedly been presently assigned, equity shall regard as done that which ought to be done by imposing a constructive trust on the future property when it materialises and is future no more, such that no further steps need be taken by the assignor or the assignee to effect the assignment. This article will examine, more precisely, the sense in which Lord Westbury appeared to qualify the principle of 'Holroyd v Marshall' as entailing a contract of which specific performance might be available. This article will also demonstrate that various suggestions that the principle is further qualified in that it only applies in cases where executed consideration had been given for the purported present assignment, are doubtful.

Keywords

Equitable assignment, future property, specific performance, consideration, Holroyd v Marshall

Discipline

Estates and Trusts | Property Law and Real Estate

Research Areas

Private Law

Publication

Journal of Equity

Volume

18

First Page

165

Last Page

192

ISSN

1833-2137

Publisher

LexisNexis

Copyright Owner and License

Author

This document is currently not available here.

Share

COinS