Howe v Smith
| Jurisdiction | England & Wales |
| Date | 1883 |
| Court | Court of Appeal |
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182 cases
3 firm's commentaries
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Ontario Court Of Appeal Summaries (February 25 March 1, 2019)
...and Sale of Land, Pre-Incorporation Contracts, Deposits, Forfeiture, Business Corporations Act, RSO 1990, c B.16, s 21, Howe v Smith (1884), 27 Ch D 89 (CA), March Bothers & Wells v Banton (1911), 45 SCR 338, HW Liebig Co v Leading Investments Ltd, [1986] 1 SCR 70, Tang v Zhang, 2013 BC......
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On Account Of Damages: Doesn't Always Mean That Damages Must First Be Proven
...so that they are able to walk away from a deal should the need arise. Footnotes 1 Tang v Zhang, 2013 BCCA 52. 2 Howe v Smith, (1884) 27 Ch. D. 89. The foregoing provides only an overview. Readers are cautioned against making any decisions based on this material alone. Rather, a qualified la......
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When Purchasers Default - Assessment Of Vendor's Damages In Land Contracts
...Pty Ltd v Cameron (2) (1985) 3 NSWLR 30. 9. Bridges v McPhail (1977) 3 BPR 9317. 10. Brien v Dwyer (1978) 141 CLR 378. 11. Howe v Smith (1884) 27 Ch D 89. 12. NSW Society of NSW and REI NSW – Contract for Sale of Land. 13. Dewar v Mintoft [1912] 2 KB 373; Bot v Ristevski [1981] VR 120. 14. ......
4 books & journal articles
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Restitution
...along a different historical route and has legitimised the concept of ‘earnest money’, or a guarantee for performance (Howe v Smith(1884) 27 Ch D 89 at 101—102). In other words, the law allows a non-compensatory function. Thus, the deposit may be retained upon breach even if it bears no rel......
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Restitution and Disgorgement
...recoverable. In the leading case, Dies v British International Mining & Finance Corp Ltd , 83 a purchaser had paid a down payment of 79 (1884), 27 Ch D 89 (CA). 80 Ibid . 81 Ibid at 101, Fry LJ. 82 Workers Trust & Merchant Bank Ltd v Dojap Investments Ltd , [1993] AC 573 (PC). 83 [1939] 1 K......
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Restitution and Disgorgement
...& Finance Corp. Ltd., 78 a purchaser had paid a down payment of two hundred and seventy thousand pounds on a contract for the sup- 74 (1884), 27 Ch. D. 89 (C.A.). 75 Ibid. 76 Ibid. at 101, Fry L.J. 77 Workers Trust & Merchant Bank Ltd. v. Dojap Investments Ltd. , [1993] A.C. 573 (P.C.). 78 ......
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Contract Law
...by the payee (subject to the payer being able to persuade the court to grant him equitable relief against forfeiture): see Howe v Smith(1884) 27 Ch D 89. Although Choo J noted that there was no express provision in the contract that such advance payments would be forfeited by the plaintiff ......