396, 397, Cave J. 458, 463464, Lindley M.R. See tooOakden v. Pike (1865) 34 L.J.Ch. 173, Knight Bruce V.-C;Keyse v.Hayden (1853) 1 W.R. 112, Page Wood V.-C;Priddlev. 199, 210, Sargant J. 212 See especiallyRe Banister (1879) 12 Ch.D. 171 English v.Murray (1883) 49 L.T. These dicta are strongly reminiscent of a passage in R.J. Pothier'sTreatise on the Contract of Sale, 2.2.1.234 (Cushing p. 142). or law made by one party to another, which, whilst not being a term of the contract, induces. ;Selkirk v.Romar Investments Ltd. [1963] 1 W.L.R. 272 Nottingham Patent Brick and Tile Co. v.Butler (1885) 15 Q.B.D. Published online by Cambridge University Press: Robinson v.Musgrove (1838) 2 M. & Rob. 565, 566; 4 Bro. ; 158, Cotton L.J. 280, Porter M.R. 510, 520, Romilly M.R. 492; 49 L.T. 827, 845, Lord Wilberforce. 63 Stewart v.Alliston (1815) 1 Mer. 100 The contract was governed by The Law Society's General Conditions of Sale (1980 edition). & G. 339, 344, 347, Knight Bruce L.J. There is much to be said for the view that the substantiality should be both objective and subjective. 147160, and 201208.Google Scholar, 21 Gordley,op. 668, Fry J. Stephenson LJ, May LJ [1985] 1 Ch 457, [1985] CL 457 England and Wales Citing: Cited Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited HL 1970 The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. (apparently endorsed by Jessel M.R. 226 As the purchaser had bargained for no more than a good holding title, that was all that the vendor had to prove. "11. As Slade LJ pointed out in Peyman v Lanjani,[41] actual knowledge of the right to choose to affirm a contract or rescind is essential before one can be said to have "affirmed" a contract. 119, 120, Lord Langdale M.R. 175, 183, Pollock B. In that case, a leasehold was subject to the condition that the vendor's title is accepted by the purchasers. 280, 314320. Pigault (1975) 30 P. & C.R. 193 Marlow v.Smith (1723) 2 P. Wms. 263, 274, Gibbs C.J. The National Conditions of Sale 18th Edition shall be deemed incorporated herein so far as the same are not inconsistent with the foregoing provisions and are applicable to sale by private treaty except that the rate of interest referred to therein shall be four per cent (4%) above National Westminster Bank Limited base rate in all cases and condition 13 of the said National Conditions shall not apply. 286 [1922] 2 Ch. A contract may be void, unenforceable or. 1 Eq. In the particulars of sale, it was stated that no offensive trades could be carried on on the premises; and that the premises were not to be let to a coffee-house keeper or a working hatter.
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