Contract for Sale in UK Law

Leading Cases
  • Johnson v Agnew
    • House of Lords
    • 08 Março 1979

    (2) The general principle for the assessment of damages is compensatory, i.e. that the innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. But this is not an absolute rule: if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.

  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Julho 1973

    But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.

  • Sudbrook Trading Estate Ltd v Eggleton
    • House of Lords
    • 08 Julho 1982

    On the other hand where an agreement is made to sell at a price to be fixed by a valuer who is named, or who, by reason of holding some office such as auditor of a company whose shares are to be valued, will have special knowledge relevant to the question of value, the prescribed mode may well be regarded as essential.

  • Eastham v Leigh London and Provincial Properties Ltd
    • Court of Appeal (Civil Division)
    • 16 Fevereiro 1971

    That is not, in my judgment, a condition precedent to the contract at all, it is part of the terms of the contract. You may call it a condition if you please, but it does not make it a condition precedent to the existence of a contract, it merely indicates that it is part of the terms of the bargain, just as in all contracts for sale the terms of the bargain are customarily described as conditions of sale.

  • Malhotra v Choudhury
    • Court of Appeal (Civil Division)
    • 21 Outubro 1977

    If a person enters into a contract for sale of a real estate knowing that he has no title to it nor any means of acquiring it, the purchaser cannot recover damages beyond the expenses he has incurred by an action for the breach of the contract.

  • Nova (Jersey) Knit Ltd v Kammgarn Spinnerei G.m.b.H.
    • House of Lords
    • 16 Fevereiro 1977

  • Bunge Corporation New York v Tradax Export S.A. Panama
    • House of Lords
    • 07 Maio 1981

    But I do not doubt that, in suitable cases, the courts should not be reluctant, if the intentions of the parties as shown by the contract so indicate, to hold that an obligation has the force of a condition, and that indeed they should usually do so in the case of time clauses in mercantile contracts.

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