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    Hello all! ive been given a coursework topic question this week and I have to discuss the three methods of severance given to me in the question, so here it is:-

    'The notice in writing provides an easy route to severance. By contrast, severance by mutual agreement and course of dealing is problematic.'

    I am familiar enough with written notice and mutual agreement. However, im not so sure what is meant through the 'course of dealing'. Does that basically mean the 'act operating on his own share' which was one of the ways described in the case of Williams v Hensman (1861)?

    If anyone has any ideas what is meant by 'course of dealing' then some help would be much appreciated!
    Thanks in advance!
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    (Original post by Geeman90)
    Hello all! ive been given a coursework topic question this week and I have to discuss the three methods of severance given to me in the question, so here it is:-

    'The notice in writing provides an easy route to severance. By contrast, severance by mutual agreement and course of dealing is problematic.'

    I am familiar enough with written notice and mutual agreement. However, im not so sure what is meant through the 'course of dealing'. Does that basically mean the 'act operating on his own share' which was one of the ways described in the case of Williams v Hensman (1861)?

    If anyone has any ideas what is meant by 'course of dealing' then some help would be much appreciated!
    Thanks in advance!

    Hey,

    Had a quick look in my notes as it rang a bell and apparently mutual agreement and course of dealings are seperate methods of severance but are closely linked; another word for 'course of dealings' is mutual conduct - you must show conduct that implies/shows they parties intended to have separate shares. It's all to do with 'break down of negotiations' between the parties, even though the negotiations break down, later on (when things go wrong), could you infer that there was a mutual conduct to sever the shares.

    Key case - Williams v Hensman (1861) "any course of dealings sufficient to intimate that the interests of all were mutually treated as consisting of a tenancy in common
    Other cases - Burgess v Rawnsley [1975], Gore & Snell v Carpenter [1990]

    However, academics argue that mutual agreement and mutual conduct are pretty much the same thing and it is an unnecessary distinction as for one you need the other (apparently)

    Hope this helps, we've only just learnt about this so sorry if my notes don't make sense!

    Soph.
 
 
 
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