Michael Coaten v PBS Corporation
Michael Coaten v PBS Corporation
- 2006
[2006] EWHC 1781 (Ch), 18 July 2006. Concerns the interpretation of an agreement between a company owning a flat and the main occupant of the flat which gave the occupant an option to purchase the lease on the death of the owner of the company. C sold a flat to a company (P) owned by a long-standing friend, with an agreement that C claimed obliged P to sell the flat back to C, if C wanted it, on the death of the friend. P disputed this interpretation, also claiming that the correspondence that ensued did not create a contract as it did not comply with provisions of the Law of Property (Miscellaneous Provisions) Act 1989 s2. "Held": the clause at issue placed on P an immediate obligation to sell the flat to C on the death of C's friend. This interpretation was what the parties had intended commercially.
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
England and Wales--1543-
[2006] EWHC 1781 (Ch), 18 July 2006. Concerns the interpretation of an agreement between a company owning a flat and the main occupant of the flat which gave the occupant an option to purchase the lease on the death of the owner of the company. C sold a flat to a company (P) owned by a long-standing friend, with an agreement that C claimed obliged P to sell the flat back to C, if C wanted it, on the death of the friend. P disputed this interpretation, also claiming that the correspondence that ensued did not create a contract as it did not comply with provisions of the Law of Property (Miscellaneous Provisions) Act 1989 s2. "Held": the clause at issue placed on P an immediate obligation to sell the flat to C on the death of C's friend. This interpretation was what the parties had intended commercially.
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
England and Wales--1543-