Contractual termination of leases: lessons from the Commonwealth: Pt. 1

This, the first part of a three-part article on contractual termination of leases, considers the extent to which determination of a lease in accordance with the contract law principles of frustration and acceptance of a repudiatory breach has been accepted by Commonwealth courts. Reviews the approaches adopted by the courts in Canada, the US and Australia to the application of contractual principles to landlord and tenant disputes.

Options to renew leases: time for legislative relief?

Argues that England should follow the example of Australia and New Zealand and give the courts statutory power to grant a tenant relief against forfeiture of the right to exercise an option to renew a lease by reason of the tenant being in breach of covenant. Suggests the legislative provision introducing this power should adopt wording mirroring that in the Law of Property Act 1925 s.146(2).

Contractual termination of leases: lessons from the Commonwealth: Pt. 2

This, the second part of a three-part article on contractual termination of leases, considers the extent to which English courts have allowed the contract law principles of frustration and acceptance of a repudiatory breach to be applied to leaseholds. Distinguishes cases involving a repudiatory breach by a landlord from those where the tenant is the one in breach.

Contractual termination of leases: lessons from the Commonwealth: Pt. 3

This, the third part of a three-part article on the contractual termination of leases, examines, with reference to UK and Commonwealth case law, the connection between contractual termination and the provisions of legislation including the the Landlord and Tenant Act 1954 Pt II relating to forfeiture and termination of business tenancies. Considers why contractual termination by acceptance of a repudiatory breach is a necessary development to protect tenants in the event of a landlord's significant default.

Mistake, frustration and implied conditions in leases

Discusses the Court of Appeal decision in Graves v Graves on determination of a tenancy by reason of common mistake and frustration. Reviews earlier case law regarding the effects on a contract of a common mistake or frustrating event. Considers the effect of the common mistaken belief held by the parties in Graves when executing a tenancy agreement that the tenant would be entitled to housing benefit, in particular whether by reason of it a condition was implied into the tenancy that the contract would be terminated if housing benefit was unavailable.

Investigation of the permeation of model formulations and a commercial ibuprofen formulation in Carbosil® and human skin using ATR-FTIR and multivariate spectral analysis

The purpose of the present study was to use attenuated total reflectance-Fourier transform infrared spectroscopy (ATR-FTIR) and target factor analysis (TFA) to investigate the permeation of model drugs and formulation components through Carbosil® membrane and human skin. Diffusion studies of saturated solutions in 50:50 water/ethanol of methyl paraben (MP), ibuprofen (IBU) and caffeine (CF) were performed on Carbosil® membrane. The spectroscopic data were analysed by target factor analysis, and evolution profiles of the signal for each component (i.e. the drug, water, ethanol and membrane) over time were obtained. Results showed that the data were successfully deconvoluted as correlations between factors from the data and reference spectra of the components, were above 0.8 in all cases. Good reproducibility over three runs for the evolution profiles was obtained. From the evolution profiles it was observed that water diffused better through the Carbosil® membrane than ethanol, confirming the hydrophilic properties of the Carbosil® membrane used. IBU diffused slower compared with MP and CF. The evolution profile of CF was very similar to that of water, probably because of the high solubility of CF in water, indicating that both compounds are diffusing concurrently. The second part of the work involved a study of the evolution profiles of the components of a commercial topical gel containing 5% (w/w) of ibuprofen as it permeated through human skin. Although the system was much more complex, data were still successfully deconvoluted and the different components of the formulation identified except for benzyl alcohol which might be attributed to the low concentrations of benzyl alcohol used in topical formulations. (C) 2009 Elsevier B.V. All rights reserved.

Leases, licences and contractual tenancies

Whether grant of exclusive possession to flat created residential tenancy where grantor was itself licensee and had no interest in land from which it could grant tenancy and both parties intended that agreement would create licence. [From Legal Journals Index]