A contract was exchanged subject to ‘the purchaser obtaining a satisfactory mortgage’.
Held: A contract which is said to be conditional, but where the condition is not expressed clearly or is too imprecise as in this case, may be void for uncertainty. The term ‘subject to the purchaser obtaining a satisfactory mortgage’ was void for uncertainty because ‘the concept of a satisfactory mortgage is too indefinite for the court to give it a practical meaning. Everything is at large, not only matters like rate of interest and ancillary obligations on which evidence might establish what would be usual or reasonable, but also those two most essential points – the amount of the loan and the terms of repayment’.
Judges:
Goulding J
Citations:
[1972] 1 WLR 775
Jurisdiction:
England and Wales
Citing:
See Also – Lee-Parker v Izzett (1) ChD 1971
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence of set-off at law to a claim for unpaid rent. Justice Goff discussed the . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 13 May 2022; Ref: scu.219181
