The claimants contracted to purchase an apartment ‘off-plan’. The contract was conditional on the grant of a head lease. Notice to complete was served by the developers did not disclose that the head lease had not been granted until after the date required but before the purported rescission. The claimants appealed against a decision that they had lost the right to rescind.
Held: The appeal failed. The date for the acquiring of a head lease was not of the essence, and the contract could still beome unconditional on a later grant, as had happened. The existence or otherwise of the head lease was discoverable from HMLR.
Judges:
Longmore LJ, Sullian LJ, Sir Mark Waller
Citations:
[2010] EWCA Civ 842
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – Mardorf Peach and Co Ltd v Attica Sea Carriers Corporation of Liberia (The Laconia) 1977
A right of withdrawal had been granted to a shipowner under a time charterparty if the charterer failed to make a punctual monthly payment of hire.
Held: If the monthly hire had not been punctually paid, the right of withdrawal remained even . .
Cited – Miller’s Wharf Partnership v Corinthia Column Ltd 1991
The contract for a lease was conditional on several matters, with a provision that the sellers would use their best endeavours to satisfy the conditions. A notice to rescind was served. The conditions had been satisfied only after the de fixed, but . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 06 February 2022; Ref: scu.420995
