The Court was asked whether what was said to be a sale was in truth a sale. The court looked at the ordinary meaning of the word sale and then asked whether the context requires an extension of that meaning: ‘[Counsel] accepted that in ordinary legislative usage and in the absence of a special context the word ‘sale’ or equivalent words such as ‘sold’ denote an exchange of property for cash and not for any other form of property. They therefore accepted that a special context must be shown if some wider meaning is to be attributed to the phrase ‘are to be sold’ in section 174 (3A)(b). In our judgement this concession is plainly right.’
Citations:
[1985] 1 WLR 676
Jurisdiction:
England and Wales
Citing:
Appeal from – In Re Westminster Property Group plc 1984
The court considered the meaning of the word ‘sale’ in the phrase ‘sale or purchase’ in Order 14A RSC. Nourse J said: ‘The authorities establish that in legislative usage and in the absence of a special context the word ‘sale’ denotes an exchange of . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 06 May 2022; Ref: scu.519970
