E Johnson & Co (Barbados) Ltd v NSR Ltd
E Johnson & Co (Barbados) Ltd v NSR Ltd
- 1996
- Weekly Law Reports [1996] 3 WLR 583-592(10) .
CA (Barbados) 9 July 1996. Vendors agreed to sell land in Barbados but 3 weeks prior to completion date a notice of intended compulsory purchase was issued by the Crown. The purchasers then gave notice to rescind the agreement and sought the return of their deposit. Appeal by vendors against the decision that although purchasers had been in breach of contract they should not forfeit the deposit or pay damages. Appeal allowed. Compulsory purchase did not frustrate the contract as it was assumed the purchaser accepted normal risks in land ownership when entering the contract to buy, including interference from the Crown.
Compulsory purchase
CROWN LAND
DEPOSIT
E JOHNSON AND CO (BARBADOS) LTD V NSR LTD
VENDOR AND PURCHASER
CA (Barbados) 9 July 1996. Vendors agreed to sell land in Barbados but 3 weeks prior to completion date a notice of intended compulsory purchase was issued by the Crown. The purchasers then gave notice to rescind the agreement and sought the return of their deposit. Appeal by vendors against the decision that although purchasers had been in breach of contract they should not forfeit the deposit or pay damages. Appeal allowed. Compulsory purchase did not frustrate the contract as it was assumed the purchaser accepted normal risks in land ownership when entering the contract to buy, including interference from the Crown.
Compulsory purchase
CROWN LAND
DEPOSIT
E JOHNSON AND CO (BARBADOS) LTD V NSR LTD
VENDOR AND PURCHASER