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 before the rescission notice.
Held: A way to argue for the loss of the right of rescission was to qualify the right to ‘rescind at any time thereafter’ by making it one to ‘rescind at any time thereafter but before the condition is satisfied’. Knox J said this had not been argued on behalf of the plaintiff ‘and in my judgment entirely justifiably.’
Judges:
Knox J
Citations:
[1991] 1 EGLR 192
Cited by:
Cited – McGahon v Crest Nicholson Regeneration Ltd CA 21-Jul-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 15 May 2022; Ref: scu.420999