| 000 | 01934cad a22001935a 4500 | ||
|---|---|---|---|
| 001 | L138456 | ||
| 008 | 070607e2007 xxk w 000 0 eng d | ||
| 035 | _a(Sirsi) u138456 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aYewbelle Ltd V London Green Developments Limited and Knightsbridge Green Limited _h[electronic resource] |
| 260 | _c2007 | ||
| 520 | _a[2007] EWCA Civ 475, Considers the extent to which "reasonable endeavours" are required in order to satisfy a contract. Y was under contract to sell land including a tower block to L. A clause within the contract provided that they should make "reasonable endeavours" to obtain planning permission for part of the intended development. Y appealed against a judgment (L138455) that these endeavours were unsatisfactory and that the contract could not be said to have an implied time limit outside of which further endeavours were not required. "Held": There was an implied term within which Y had to inform L that planning permission could not be obtained. Y should have given L the opportunity to waive the clause requiring the permission. The tests upon which it was decided whether Y had made sufficient efforts to obtain permission were correct. Y was correct in informing L's solicitors of the problems with this. L was to choose whether to waive the condition or end the contract, but instead began considering the purchase of local authority land to rectify the problem. L was not entitled to this position within the contract. Accordingly the contract was already ended when L did choose to complete. Appeal allowed. | ||
| 650 | 2 | 4 | _aYEWBELLE LTD V LONDON GREEN DEVELOPMENTS LTD AND ANOTHER |
| 650 | 2 | 4 | _aTOWN AND COUNTRY PLANNING ACT 1990 S106 |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/475.html _zView the article free of charge at www.lbailii.org... |
| 942 | _n0 | ||
| 999 |
_c78872 _d78872 |
||