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Lexi Holdings plc v Garth Scott Stainforth

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWCA Civ 998, 17 July 2006. Concerns the discharging by agreement of the liability for a short-term loan used to purchase a tenanted residential property. Appeal by L against the decision that S's liability for a loan had been discharged by agreement. S had obtained a short-term loan from L to purchase a tenanted residential property. S got into financial difficulties over the loan and asked L if they knew of any potential purchaser of the property. L and S entered into an exclusive sales agreement with an investor known to L. L sought to rescind the agreement and demanded repayment from S who asserted that he had been released from any liability pursuant to the exclusive sales agreement. "Held": appeal dismissed. The liability for S's short-term loan had in the circumstances been discharged by agreement. The effect of clause 4 of the agreement and its wording, relinquishing all rights, was that S had to transfer to L all his beneficial interest in the property and that by implication at least his liability was discharged at the same time.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 134304-2001

[2006] EWCA Civ 998, 17 July 2006. Concerns the discharging by agreement of the liability for a short-term loan used to purchase a tenanted residential property. Appeal by L against the decision that S's liability for a loan had been discharged by agreement. S had obtained a short-term loan from L to purchase a tenanted residential property. S got into financial difficulties over the loan and asked L if they knew of any potential purchaser of the property. L and S entered into an exclusive sales agreement with an investor known to L. L sought to rescind the agreement and demanded repayment from S who asserted that he had been released from any liability pursuant to the exclusive sales agreement. "Held": appeal dismissed. The liability for S's short-term loan had in the circumstances been discharged by agreement. The effect of clause 4 of the agreement and its wording, relinquishing all rights, was that S had to transfer to L all his beneficial interest in the property and that by implication at least his liability was discharged at the same time.