One contract, or two?
One contract, or two?
- 2001
- Estates Gazette (0141) 13 October 2001, 181(1) .
Examines the case "Grossman v Hooper", where the parties had shared the repayment of a mortgage for a house. On the break-up of the relationship, a contract was agreed, giving the claimant (G) ownership but the defendant (H) alleged that, as part of the agreement, G would repay an outstanding loan. However, it was held that a written contract for a sale of land must contain all terms agreed by the parties; a court will not readily interpret a 'missing' term as part of a separate contract.
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
SALE OF LAND
GROSSMAN V HOOPER
LAW OF PROPERTY ACT 1925 S40
Contracts
Examines the case "Grossman v Hooper", where the parties had shared the repayment of a mortgage for a house. On the break-up of the relationship, a contract was agreed, giving the claimant (G) ownership but the defendant (H) alleged that, as part of the agreement, G would repay an outstanding loan. However, it was held that a written contract for a sale of land must contain all terms agreed by the parties; a court will not readily interpret a 'missing' term as part of a separate contract.
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
SALE OF LAND
GROSSMAN V HOOPER
LAW OF PROPERTY ACT 1925 S40
Contracts