| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 250 (Apr) |
| Court: | Court of Appeal, Civil Division |
| Judge: | May, Rix and Jacob LJJ |
| Representation | Andrew Davis (instructed by Foxtons Ltd Legal Department) for the claimant. |
| Neil Mendoza (instructed by Roodyn Manski) for the defendants. | |
| Judgment Dates: | 19 April 2005 |
Catchwords
Contracts - Contractual term - Implied term - Business efficacy - Estate agency - Commission payable on exchange of contracts.
The Case
Where the claimant estate agents claimed a 3% commission pursuant to their contract with the defendants, the contract was enforceable, and although commission would normally be paid on completion under the common law, the claimant was legally permitted to alter the conditions of such an agreement to provide that commission should be paid on the exchange of contracts.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
