Lord Justice Chadwick considered what was meant by actual completion: ‘I accept, of course, that there is no absolute rule that completion takes place when title is transferred . . We were referred to no case in which it has been held that completion did not take place until some time after title had been transferred. The question has to be answered on the facts of each case; construing the language which the parties have used in their agreement in the light of the facts known to them (or which they must be taken to have known) at the time.’
Judges:
Lord Justice Chadwick
Citations:
[2005] EWCA Civ 1799
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Kalatara Holdings Ltd v Benedict Thomas Andersen and Another Chd 25-Jan-2008
The claimant sought specific performance of a contract to buy land from the defendant. The defendant sought summary dismissal of the claim and forfeiture of the deposit. It had been intended that the property would be ‘rolled over’ on a sub-sale. . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 05 July 2022; Ref: scu.238645