Matthews v Smallwood
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 1910 |
| Year | 1910 |
| Date | 1910 |
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...operating as a waiver merely by stating at the time of payment that he accepts it without prejudice to his right to forfeit. (See Matthews v. Smallwood per Mr. Justice Parker 1910 1 Ch. 77? at page 786: Oak Property Co. Ltd. v. Chapman 1947 1 K.B. 836 at page 898.) It must in my judgment be......
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1 firm's commentaries
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Property Litigation Column: Preparing For The End Of Section 82 Of The Coronavirus Act 2020: Non-Protected Rent Debts
...law position will be restored, and a landlord will not be able to accept rent on a "without prejudice" basis (Matthews v Smallwood [1910] 1 Ch 777). As the law currently stands (following Segal Securities Ltd v Thoseby [1963] 1 QB 887) the demand or acceptance of rent will waive the right t......
4 books & journal articles
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Cases referred to in 1983
...136 Madukolu v. Nkemdilim (1962) 1 All N.L.R. 587, 593. 86 Mallstorm v. Garner (1970) 2 All E.R. at page 12. 524 Matthews v. Smallwood (1910) 1 Ch. 777 at 786. 2 Mayor Alderman and Burgesses of the Borough of Bradford v. Pickles (1826) A.C. 537. 524 Melbourne Corporation v. The Commonweath ......
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DEMYSTIFYING THE RIGHT OF ELECTION IN CONTRACT LAW
...n 21, at 488, 495. 57 Stevens & Cutting Ltd v Anderson [1990] 1 EGLR 95; Peyman, supra n 21, at 488. 58 Elder’s Trustee, supra n 36. 59 [1910] 1 Ch 777. 60 Insurance Corporation of the Channel Islands Royal Insurance (UK) Ltd v The Royal Hotel Ltd [1998] Lloyd’s Rep IR 151(there was no uneq......
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ARIORI & ORS. V. ELEMO & ORS.
...Tearney (1880) 102 U.S. 415 21.Brikom Investments Ltd. v. Carr and Others (1979) Q.B. 467; (1979) 2 A.E.R. 753 22.Matthews v. Smallwood (1910) 1 Ch. 777 at 786. 50 23.Fuller's Theatre and Vaudeville Co. Ltd. v. Rofe (1923) A.C. 435. 24. Willmott v. Barber (1880) 15 Ch. D. 97 at 105-6. E.A. ......
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...601,602 LEASES (1) BREACH OF CONVENANT 601. What constitutes waiver of right of lessor to re-enter property let. “In Mathews v. Smallwood (1910) Ch. 777, a case cited by both counsel, Parker, J. said at page 786: - “Waiver of a right of re-entry can only occur where the lessor with knowledg......