Area Estates Limited v Weir
Language: English Publication details: 2010Subject(s): Online resources: Summary: [2010] EWCA Civ 801, 20 July 2010. Where a seller should have known about a title defect, albeit not clearly disclosed by the sales contract, the seller is unlikely to be helped by contractual wording intended to prevent objections by the buyer. Respondent (W) signed a contract to buy a freehold property with an unexpired lease from Appellant seller (A). W brought a successful claim against A in the HC to rescind the contract because of the burden of the unexpired lease and to recover its paid deposit with interest. A appealed. "Held": CA found for W. A should have checked the title more thoroughly. W could rescind and got its deposit back.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 152964-2001 |
[2010] EWCA Civ 801, 20 July 2010. Where a seller should have known about a title defect, albeit not clearly disclosed by the sales contract, the seller is unlikely to be helped by contractual wording intended to prevent objections by the buyer. Respondent (W) signed a contract to buy a freehold property with an unexpired lease from Appellant seller (A). W brought a successful claim against A in the HC to rescind the contract because of the burden of the unexpired lease and to recover its paid deposit with interest. A appealed. "Held": CA found for W. A should have checked the title more thoroughly. W could rescind and got its deposit back.