000			01370cab a2200217 4500
001			ABS42968
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u39750
041			_aeng
245			_aFord Sellar Morris Properties plc v EW Hutchinson Ltd
260			_c1990
350			_a0
490			_aScots Law Times _v1990 SLT 500-502(3)
520			_aOuter House 13 October 1989. The subtenants (E) offered to sublease premises from (F) conditional on their obtaining the head landlord `s consent prior to entry ie before 28 February 1989, failing which either party would be entitled to resile from the contract without penalty. The landlord`s consent did not arrive until 8 March and the subtenants resiled from the contract. F appealed. At procedure roll, E argued that time had been made of the essence and that they were therefore entitled to resile. F argued that since the condition was resolutive rather than suspensive, and the consent had been obtained before E resiled from the contract, the time limit for obtaining the consent was immaterial. It was held that time was of the essence and it must therefore be adhered to; as it had not been, E were entitled to resile.
650			_aCASE LAW
650			_aSCOTLAND
650			_aTIME OF THE ESSENCE
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c25448 _d25448