54BDamages: defective title

#### 54B Damages: defective title 54B Damages: defective title > > (1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to contracts for the sale or other disposal of land or any interest in land made after the commencement of this section. > > > (2) The Court may award damages for loss of bargain against a vendor who cannot perform such a contract because of a defect in the vendor’s title. > > > (3) This section has effect notwithstanding any stipulation to the contrary. > > > (4) This section applies to land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > **s 54B:** Ins 1997 No 17, Sch 1 \[1\].