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Civil way: 20 June 2008

19 June 2008 / Stephen Gold
Issue: 7326 / Categories: Features , Civil way
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Wishy-washy contracts the cohabitation splits the unilateral notice to quit new domestic violence PD

BEWARE THE KILLER

Uncertainty of terms. It is a killer. It killed in Lee-Parker v Izzet (No 2) [1972] 2 All ER 800. In that case, there was an agreement for the sale of a house “subject to the purchaser obtaining a satisfactory mortgage”. Mr Justice Goulding held that this was a condition precedent to the existence of a binding contract and that it was void for uncertainty. “Everything is at large, not only matters like the rate of interest and the ancillary obligations on which evidence might establish what would be usual or reasonable, but also those two most essential points—the amount of the loan and the terms of repayment.”

And in Schweppe v Harper [2008] All ER (D) 311 (May) the parties made an oral agreement that if the claimant obtained third party finance which led to the defendant obtaining an annulment of his bankruptcy then the defendant would pay the claimant £50,000. But the terms

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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