The parties agreed for the developer to build and the defendants to purchase several apartments. The properties were not completed after a notice to complete and the purchasers purported to rescind the contract. The claimant completed the flats and in turn served notice to complete. The defendant now said that since the agreement included a discount not shown on the contract, it did not meet the 1989 Act and was void.
Held: The purchasers had not validly rescinded the contract. It was not possible to rescind a contract in only anticipation of a breach. Also the addition discount was expressly divorced from the contract at the purchasers’ own request, and the entire agreement successfully excluded it.
The parties had contracted for the sale and purchase of 11 flats in a development. The vendors issued completion notices, and the defendant failed to complete, and the claimants now sought specific performance.
Judges:
Behrens J
Citations:
[2009] EWHC B18 (Ch), [2009] EWHC 2174 (Ch), [2010] 1 P and CR DG3, [2009] NPC 106
Links:
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2(1)
Jurisdiction:
England and Wales
Citing:
Cited – Inntrepreneur Pub Co v East Crown Ltd 2000
The ‘entire agreement’ clause contained in a lease not only had the effect of rendering evidence of an alleged collateral warranty inadmissible, but also deprived the warranty of all legal effect. It did not collapse the lease in on itself. Lightman . .
Cited – Business Environment Bow Lane Ltd v Deanwater Estates Ltd CA 27-Jun-2007
Enforcement of repairing obligations in lease after assignments, and the use of collateral contracts. Sir Andrew Morritt C said: ‘The law relating to collateral contracts is well-established but in connection with sales or leases of land needs to be . .
Cited by:
Appeal from – North Eastern Properties Ltd v Coleman and Another CA 19-Mar-2010
The appellants challenged specific performance orders obliging them to complete the purchase of apartments, saying that the contracts had not complied with the 1989 Act, and that their repudiation of the contracts had been accepted. The contracts . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 05 October 2022; Ref: scu.375956
