Cole v Rose

JurisdictionEngland & Wales
Year1978
Date1978
CourtDivisional Court
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13 cases
  • J.T.M. Construction and Equipment Ltd v Circle B Farms Ltd
    • Jamaica
    • Supreme Court (Jamaica)
    • 29 Junio 2009
    ...contract. A protracted delay means delay for an unreasonably long time. This is a question of fact to be decided in all the circumstances: Cole v Rose [1978] 3 ALL ER 1121. 46 Although it cannot be said that time was originally of the essence, the defendant had, however, served a notice to......
  • Midill (97PL) Ltd v Park Lane Estates Ltd and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 Noviembre 2008
    ...and the second is not really significant because the contract was concluded before then by the letter of acceptance….” (p 424–5) 38 In Cole v Rose [1978] 3 All ER 1121, where the vendor had purported to rescind the contract and retain the deposit, while selling to another purchaser at a hig......
  • Vacciana v Oxford Prudential Holdings
    • Jamaica
    • Supreme Court (Jamaica)
    • 21 Marzo 1997
    ...that the vendor was not “able, ready and willing” since the court would not force the purchaser to buy a lawsuit. 112 The later case of Cole v. Rose [1978] 3 ALL E.R. 1121 shows a refinement of the principles governing “readiness”. There the property for sale was subject to three charges bu......
  • Midill (97PL) Ltd v Park Lane Estates Ltd and another
    • United Kingdom
    • Chancery Division
    • 16 Enero 2008
    ...the period but with a failure to complete within that period at all. Midill also relied upon the decision of Mr Mervyn Davies QC in Cole –v– Rose [1978] 3 All E R 1121 where a solicitor had not obtained confirmation that entries in the search certificate related to charges of which he was a......
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