header-logo header-logo

16 April 2010
Issue: 7413 / Categories: Case law , Law digest
printer mail-detail

Sale of land

Northern Eastern Properties v Coleman and another [2010] EWCA Civ 277, [2010] All ER (D) 208 (Mar)

A party seeking to avoid a land contract under s 2 had to identify a term which the parties had expressly agreed, which was not to be found in the single, or exchanged, signed document. It was not sufficient merely to show that the land contract had formed part of a larger transaction which had been subject to other expressly agreed terms which were absent from the land contract.

 The expressly agreed term had to, if it was required by s 2 to be included in the single document, be a term of the sale of the land, rather than a term of some simultaneous contract (whether for the sale of a chattel or the provision of a service) which happened to take place at the same time as the land contract, and to form part of one commercial transaction.

Section 2(1) did not prohibit parties from structuring a transaction, for example, for the sale of the whole

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll