Ministry of Defence v Country and Metropolitan Homes (Rissington) Ltd and Another: ChD 22 Oct 2002

A transfer of land included overage provisions providing for payment of compensation if the land was developed within a certain period. They claimed that additional clauses needed to be implied.
Held: Whether a clause was to be implied was a question of law, not fact. Here the contract was workable without the implied terms, and could be given business efficacy without them. The clause would not be implied.

Judges:

Rimer J

Citations:

Times 07-Nov-2002, [2002] EWHC 2113 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Land

Updated: 19 September 2022; Ref: scu.658065