TERRENE, Ltd v NELSON
| Jurisdiction | England & Wales |
| Date | 1937 |
| Court | Chancery Division |
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4 cases
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First Tower Trustees Ltd v CDS (Superstores International) Ltd
...ordinary conveyancing, both residential and commercial. In an ideal world sellers would behave in the way that Farwell J described in Terrene Ltd v Nelson [1937] 3 All ER 739: “In the ordinary case, a purchaser has to go for his information to the vendor, but, bearing in mind the principle ......
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Masterspice (Pty) Ltd v Broszeit Investments CC
...a collateral term and, as such, its breach gives rise only to a claim for damages and not for rescission. (See Terrene Ltd v Nelson [1937] 3 All ER 739; Petit v Abrahamson II 1946 NPD 673.) In this last case it seems that a warranty was held to be equivalent to a condition precedent. J 2006......
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Masterspice (Pty) Ltd v Broszeit Investments CC
...a collateral term and, as such, its breach gives rise only to a claim for damages and not for rescission. (See Terrene Ltd v Nelson [1937] 3 All ER 739; Petit v Abrahamson II 1946 NPD 673.) In this last case it seems that a warranty was held to be equivalent to a condition precedent. J Farl......
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Green Park Properties Ltd. v Dorku Ltd
...of these exceptions and occupy a somewhat ambivalent position. The general caveat emptor rule does apply (see Terrene Ltd v Nelson [1937] 3 All ER 739, at p 744). Yet some, if not the utmost, good faith is expected in that the vendor must disclose some, if not all, of the material facts. Th......
1 firm's commentaries
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Pre-Contract Enquiries: Another Case Of Caveat Empty
...Justice Lewison pointed out that: In an ideal world sellers would behave in the way that Farwell J described in Terrene Ltd v Nelson [1937] 3 All ER 739 "In the ordinary case, a purchaser has to go for his information to the vendor, but, bearing in mind the principle of caveat emptor, he is......
1 books & journal articles
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THE LAW OF HAUNTED HOUSES: A COMMENT ON STIGMATIZED PROPERTIES FOLLOWING WANG V SHAO.
...supra note 20 at para 34. (44) 2018 ONSC 413 at para 19(DivCt). (45) Nixon, supra note 20 at para 47. (46) Terrene Ltd v Nelson, [1937] 3 All ER 739 at 744, 53 TLR 963 (ChD) [Terrene]. See also Taylor v Hamer (2003), [2002] EWCA Civ 1130 at para 41 [Taylor]; Stuart Bridge Elizabeth Cooke &a......