Chapter 7: Comparative analysis
The analysis in this chapter focuses on the results of the foregoing research in a comparative approach. Interestingly, in all three jurisdictions, the legal relationships arising at an auction sale are subject to controversy. Such controversy is mainly due to a divergence between the wording of the contractual terms and conditions of sale versus the factual situation actually present at the time of sale. Section 1 examines the controversial aspects of legal relationships that arise in the sale of sleepers at auction –that is, within the parties to the sale contract and the auctioneer’s dual representation. In Section 2, the analysis centres on the difficulties in assessing diligence, particularly the challenges posed by standards the courts have established and refer to when assessing the auctioneer’s diligence.
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