Barr_Contract1956
The parties contracted for the sale and purchase of lands with a date fixed for completion. The National Conditions of sale were used. The vendors served a notice to complete on the day after the purchasers should have completed, requiring completion within 28 days. When the purchasers again failed, they sought to forfeit the deposit.
Held: The conditions required a reasonable period betwee the notice to complete and the new date made of the essence. The period of 28 days was unreasonably short because the vendors knew the purchasers would not be able to complete within that time period. In the result the notice to complete was ineffective to allow the vendor to rescind and to forfeit the deposit.
Citations:
[1956] 2 All ER 853, [1956] 1 Ch 551, [1956] 100 Sol Jo 550
Land
Updated: 01 May 2022; Ref: scu.252425