Vendor and purchaser: rectification
Series: Estates Gazette ; [2002] 17 EG 154 (CS) (27/4/02)Publication details: 2002Subject(s): Summary: "Swainland Builders Ltd v Freehold Properties Ltd", CA 12 April 2002. Appeal by the defendant purchaser (F) against the judge's decision to grant rectification of the transfer of the freehold interest in a property by the claimant vendor (S) to F. F argued that by initially pleading two alternatives, S had shown that there was no common intention and that the consequence of rectification would result in a party being in breach of the Landlord and Tenant Act 1987 s10A and would thus amount to a breach of public policy. Appeal dismissed; rectification was not regarded as inconsistent with the parties' common intention and the 1987 Act did not present an obstacle to rectification.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London News article | WB3816-24 (Browse shelf(Opens below)) | 1 | Available | 117788-1001 |
Browsing London shelves, Shelving location: News article Close shelf browser (Hides shelf browser)
"Swainland Builders Ltd v Freehold Properties Ltd", CA 12 April 2002. Appeal by the defendant purchaser (F) against the judge's decision to grant rectification of the transfer of the freehold interest in a property by the claimant vendor (S) to F. F argued that by initially pleading two alternatives, S had shown that there was no common intention and that the consequence of rectification would result in a party being in breach of the Landlord and Tenant Act 1987 s10A and would thus amount to a breach of public policy. Appeal dismissed; rectification was not regarded as inconsistent with the parties' common intention and the 1987 Act did not present an obstacle to rectification.