Sale of Land in UK Law

Leading Cases
  • Raineri v Miles
    • Court of Appeal
    • 06 Jul 1979

    At common law a term of a contract stipulating when the contract should be performed was always regarded as an essential term of the contract, but, as Lord Parker pointed out in Stickney v. Keeble, (1915) Appeal Cases, 586 at 415, in contracts for the sale of land equity, having a concurrent jurisdiction, did not look upon the stipulation as to time in precisely the same light.

  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal
    • 01 Dic 2011

    Moreover Robert Goff LJ clearly stated that non-payment of the deposit would entitle the seller to bring the contract to an end. This is demonstrated by the court's reliance in Damon on both ship contract and land contract cases. That decision is entirely consistent both with the nature of a deposit and with the general approach of the law to repudiation and renunciation of contracts.

  • Irani Finance Ltd v Singh
    • Court of Appeal
    • 22 Jun 1970

    Even to hold that they have equitable interests in the land for a limited period, namely until the land is sold, would, we think, be inconsistent with the trust for sale being an "immediate" trust for sale working an immediate conversion, which is what the Law of Property Act envisages (see Section 205(1) (xxix)), though, of course, it is not in fact only such a limited interest that the Appellants are seeking to charge.

  • Firstpost Homes Ltd v Johnson
    • Court of Appeal
    • 20 Jul 1995

    Whereas an oral contract was allowed and enforceable provided that it was evidenced in writing and the memorandum or note thereof was signed by or on behalf of the party against whom it was sought to be enforced, oral contracts are now of no effect and all contracts must be signed by or on behalf of all the parties.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 Jul 2000

    The classic example of this type of case, as every law student knows, is a contract for the sale of land. The buyer of a house may be attracted by features which have little or no impact on the value of the house. An award of damages, based on strictly financial criteria, would fail to recompense a disappointed buyer for this head of loss. The primary response of the law to this type of case is to ensure, if possible, that the contract is performed in accordance with its terms.

  • Johnson v Agnew
    • House of Lords
    • 08 Mar 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.

  • Multi Veste 226 B.v v Ni Summer Row Unitholder B.v and Others
    • Chancery Division
    • 29 Jul 2011

    He made the fair point that if the question was whether the failure by the party in breach to perform his obligation by the deadline set by making time of the essence deprived the innocent party of substantially the whole benefit of the contract, then that was the same question that would be asked even if time had not been made of the essence. Morritt J quoted an observation of Mason J in an Australian case concerning the case of non-completion of a purchase of land:

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