Source: All England Reporter
Publisher Citation: [2001] All ER (D) 258 (Feb)
Court: Chancery Division
Judge:

David Vaughan QC, sitting as a deputy judge of the High Court
Representation Elizabeth Weaver (instructed by Fladgate Fielder) for the claimant.
  Michael Pryor (instructed by Beveridge Milton) for the defendant.
Judgment Dates: 21 February 2001

Catchwords

Contract - Rescission - Sale of land - Contract of sale entitling parties to rescind on certain conditions being met - Purchaser purporting to rescind contract of sale and claiming return of deposit paid - Whether purchaser entitled to rescind - Whether seller entitled to payment of deposit outstanding.

The Case

In a claim in which the proposed purchaser of a property had purported to rescind the contract of sale pursuant to the terms of the contract of sale and had claimed the return of the deposit paid, plus interest, the court held, on the facts as found, that the purchaser had not been entitled to rescind and was bound to pay the amount of the deposit outstanding, plus interest.

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