The court asked whether an option to purchase a development site had been determined by failure of a condition, described as a condition precedent; and so was no longer exercisable by the defendant, as grantee.
Held: The agreement required the optioner to have paid the fees required for the appropriate planning application on time. The fees, though now paid had not been paid in time, the condition was broken, and the option had expired.
Judges:
Lord Woolf MR, Aldous LJ, Chadwick LJ
Citations:
[1998] EWCA Civ 77
Jurisdiction:
England and Wales
Citing:
Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 13 November 2022; Ref: scu.143555
