Taylor v Hamer
Taylor v Hamer
- 2003
- Estates Gazette [2003] 03 EG 127-137(11) .
[2002] EWCS Civil 1130, 31 July 2002. Appellant (T) had agreed by a contract of 29 May 1997 to purchase a house from respondent (H) and had visited the property on a number of occasions before exchange of contracts. The property included several separate gardens, one of which, called the dog garden, was covered substantially with flagstones. Many of these were lifted, stacked and replaced by grass in early May on the instructions of H's husband. An enquiry on 23 May on behalf of T elicited the response that the flagstones were not included in the sale and would be removed by the vendor. County Court found H guilty of deceit, the damages for which included replacing but not relaying the flagstones, but dismissed the breach of contract claim. T appealed. "Held", appeal allowed, one judge dissenting. H was ordered to restore the flagstones to their former location. They were deemed to be part of 'all the property' identified in the contract and the property included things fixed to, and forming part of the land. Breach of contract had occurred.
VENDORS
PURCHASERS
FLAGSTONES
BREACH OF CONTRACT
PHILLIPS V LAMDIN
TAYLOR V HAMER
[2002] EWCS Civil 1130, 31 July 2002. Appellant (T) had agreed by a contract of 29 May 1997 to purchase a house from respondent (H) and had visited the property on a number of occasions before exchange of contracts. The property included several separate gardens, one of which, called the dog garden, was covered substantially with flagstones. Many of these were lifted, stacked and replaced by grass in early May on the instructions of H's husband. An enquiry on 23 May on behalf of T elicited the response that the flagstones were not included in the sale and would be removed by the vendor. County Court found H guilty of deceit, the damages for which included replacing but not relaying the flagstones, but dismissed the breach of contract claim. T appealed. "Held", appeal allowed, one judge dissenting. H was ordered to restore the flagstones to their former location. They were deemed to be part of 'all the property' identified in the contract and the property included things fixed to, and forming part of the land. Breach of contract had occurred.
VENDORS
PURCHASERS
FLAGSTONES
BREACH OF CONTRACT
PHILLIPS V LAMDIN
TAYLOR V HAMER