The defendant builder contracted to build on and then convey the land and building to the claimant. The builder charged the land, but failed to complete the building, and went into liquidation. The claimant sought specific performance with a reduction of the purchase price reflecting the breach. The builder asserted that the obligation to sell only arose on the completion of the building. It was held that the claimant was entitled to the land, since the builder could not rely upon his own fault. Any conditionality was gone once the building work began.
Citations:
Gazette 17-Aug-2000
Jurisdiction:
England and Wales
Construction, Land
Updated: 04 June 2022; Ref: scu.83364