Ford Sellar Morris Properties plc v EW Hutchinson Ltd
Ford Sellar Morris Properties plc v EW Hutchinson Ltd
- 1990
- Scots Law Times 1990 SLT 500-502(3) .
Outer House 13 October 1989. The subtenants (E) offered to sublease premises from (F) conditional on their obtaining the head landlord `s consent prior to entry ie before 28 February 1989, failing which either party would be entitled to resile from the contract without penalty. The landlord`s consent did not arrive until 8 March and the subtenants resiled from the contract. F appealed. At procedure roll, E argued that time had been made of the essence and that they were therefore entitled to resile. F argued that since the condition was resolutive rather than suspensive, and the consent had been obtained before E resiled from the contract, the time limit for obtaining the consent was immaterial. It was held that time was of the essence and it must therefore be adhered to; as it had not been, E were entitled to resile.
CASE LAW
SCOTLAND
TIME OF THE ESSENCE
Outer House 13 October 1989. The subtenants (E) offered to sublease premises from (F) conditional on their obtaining the head landlord `s consent prior to entry ie before 28 February 1989, failing which either party would be entitled to resile from the contract without penalty. The landlord`s consent did not arrive until 8 March and the subtenants resiled from the contract. F appealed. At procedure roll, E argued that time had been made of the essence and that they were therefore entitled to resile. F argued that since the condition was resolutive rather than suspensive, and the consent had been obtained before E resiled from the contract, the time limit for obtaining the consent was immaterial. It was held that time was of the essence and it must therefore be adhered to; as it had not been, E were entitled to resile.
CASE LAW
SCOTLAND
TIME OF THE ESSENCE