The court was asked whether a seller of property who had purported to give a premature notice of rescission under the Law Society’s 2003 Standard Conditions of Sale was in repudiatory breach of contract.
Held: The court must look at the situation without considering the behaviours of the parties after the alleged breach. It was clear that a reasonable person in the position of the buyer could not have regarded the notice as showing an intention not to perform the contract. The decision of the Recorder was correct and the appeal failed. Ther appellant was not to be allowed to take advantage of a patent miscalculation. Damages were to be determined.
Thomas, Moses, Toulson LLJ
[2010] EWCA Civ 1346
Bailii
England and Wales
Citing:
Cited – Eminence Property Developments Ltd v Heaney CA 21-Oct-2010
The court was asked whether a vendor of land, who served a notice to complete making the time for completion of the essence of the sale contract, and then, mistakenly, treated the contract as at an end prior to the expiry of the notice, was thereby . .
Cited by:
Cited – Brookwood Park Ltd v Guney and Others ChD 29-Jul-2014
The parties disputed whether the defendants, trustees of a local charitable Turkish trust providing funeral service, had acquired an exclusive rights of burial within an area of the claimants’ cemetery.
Held: There were signficant deficiencies . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 10 November 2021; Ref: scu.426706