Jolley v Carmel Ltd
Series: Estates Gazette ; [2000] 43 EG 28 October 2000, 185-188(4)Publication details: 2000Subject(s): Summary: CA 21 July 2000. On 8 August 1998 the parties exchanged contracts for the purchase by B of a property owned by A. Under the contract, completion was conditional on B obtaining planning permission, and there was no long-stop date. In court the deputy judge decided that there was an implied term that B would use reasonable efforts to obtain planning permission within a reasonable time, and that B would not be in breach of this so long as it had not acted negilgently or unreasonably. A appealed. Held, appeal dismissed on the grounds that it was right to adopt a construction of the contract that was commercially realistic and practical.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Law report | London Journal article | 1 | Available | 109140-1001 |
CA 21 July 2000. On 8 August 1998 the parties exchanged contracts for the purchase by B of a property owned by A. Under the contract, completion was conditional on B obtaining planning permission, and there was no long-stop date. In court the deputy judge decided that there was an implied term that B would use reasonable efforts to obtain planning permission within a reasonable time, and that B would not be in breach of this so long as it had not acted negilgently or unreasonably. A appealed. Held, appeal dismissed on the grounds that it was right to adopt a construction of the contract that was commercially realistic and practical.