ABSTRACT
This article provides an examination of the ‘contract-holding’ theory and reveals its flaws, proving it to be a misnomer. Sustained analysis also shows this method has much in common with other, supposedly distinct, property-holding methods, and that a contract is neither a necessary nor sufficient condition for an unincorporated association.
Morris, Alec, Unincorporated Associations and the Property Problem: The ‘Contract-Holding’ Theory as the Ace of Clubs? (January 26, 2023), (2023) 87 Conveyancer and Property Lawyer 9.
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