Open contract
Open contract
- 1990
- EGCS 1990 61 .
In Dean v Upton (Trustee in bankruptcy) , CA 4 May 1990, it was held that the appellant, by his solicitor`s correspondence, had at no time prior to July 1988 given any warning to the respondent that he intended to treat the contract as at an end unless she completed by a certain date. No formal notice or informal warning was at any time given to the respondent that she should be treated as being in breach of contract if she did not complete by a specific date. By reason of the circumstances, the fact that the appellant retained the surrender of the value of the endowment policy from August 1987 onwards and the general deleteriousness on both sides, there was no breach of contract to complete within a reasonable time as a reasonable time depends on the facts of the case.
COMPLETION
VENDOR AND PURCHASER
In Dean v Upton (Trustee in bankruptcy) , CA 4 May 1990, it was held that the appellant, by his solicitor`s correspondence, had at no time prior to July 1988 given any warning to the respondent that he intended to treat the contract as at an end unless she completed by a certain date. No formal notice or informal warning was at any time given to the respondent that she should be treated as being in breach of contract if she did not complete by a specific date. By reason of the circumstances, the fact that the appellant retained the surrender of the value of the endowment policy from August 1987 onwards and the general deleteriousness on both sides, there was no breach of contract to complete within a reasonable time as a reasonable time depends on the facts of the case.
COMPLETION
VENDOR AND PURCHASER