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Open contract

Language: English Series: EGCS ; 1990 61Publication details: 1990Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
News article London News article WB2619-57 (Browse shelf(Opens below)) 1 Available 57752-1001

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.