The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits.
Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant.
Judges:
Tuckey LJ, Lawrence Collins LJ, Rimer LJ
Citations:
[2007] EWCA Civ 1366
Links:
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2, Law of Property Act 1925 49(2)
Jurisdiction:
England and Wales
Citing:
Cited – Prosper Homes Ltd v Hambros Bank Executor and Trustee Co Ltd 1980
The court considered whether a contract had been validly rescinded. The validity of a completion notice was challenged on the ground that the vendors were not ready, able and willing to complete the sale when the notice was served because they were . .
Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA 18-Jun-1996
The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. . .
Cited – Trego v Hunt HL 1896
The court defined the meaning of the goodwill of a business: ‘What ‘goodwill’ means must depend on the character and nature of the business to which it is attached. Generally speaking, it means much more than what Lord Eldon took it to mean in the . .
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Omar v El-Wakil CA 11-Jul-2001
The parties entered into two linked contracts providing for a property and a business to be transferred, a lease granted and otherwise. The transfer of the property was in the sum expressed in the sum and at the time the other agreement provided for . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 24 November 2022; Ref: scu.262931