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574, 579, North J.; 584, Cotton L.J. ;Re O'Flanagan and Ryan's Contract [1905] 1 I.R. commented on the difficulty of reconciling the two cases.Want v.Stallibrass was in fact a weaker case thanRosenberg v.Cook. Granted the very questionable status of Pollock B. 264 Re Scott and Alvarez's Contract (No. 187 See,e.g., Freme v.Wright (1819) 4 Madd. 97 [1980] AC. 400, 420; 2 Cox 320, 321, Lord Thurlow L.C. 159, 162, Lush J.; 163, Hannen J. 202 Edwards v.Wickwar (1865) L.R. Mr. Peyman came to England on 1st December 1978 on a one month's visitor's visa, which he asked the Home Office to extend. 75, 76, Lord Thurlow L.C. 270 It has been argued elsewhere that the rule ought to apply equally to a condition which restricts the vendor's liability for a failure to give vacant possession: Harpum, [1988] Conv. 200 (1852) 10 Hare 1, 8. 348, C.A. 430, 436. Study with Quizlet and memorize flashcards containing terms like Bisset v Wilkinson, Peyman v Lanjani, Roscorla v Thomas and more. 175. 1 C.P. 127 See,e.g., Farrand, J.T.,Contract and Conveyance (4th ed., 1983) pp. App. 182 [1895] 2 Ch. 131, C.A. in argument in the Court of Appeal, according to one report: 46 L.T. 590, Bacon V.-C. A purchaser is generally under no duty to disclose to the vendor what he knows about the land he is buying. 55 Dyer v. Hargrove (1805) 10 Ves. 138 (1873) L.R. 209 For a discussion of the working of the section, see Harpum, [1984] C.L.J. 603,611612, Lindley L.J. & Ryl. & Giff. 175 Hyde v.Dallaway (1842) 4 Beav. 82 and 83. There is considerable authority on the question to be found in nineteenth century American state reports, notably in Virginia. ;Re Marsh and Earl Granville (1883) 24 Ch.D. Lord Eldon L.C. 185 Freme v.Wright (1819) 4 Madd. It is a title free from incumbrances that can be deduced for the full period required by law. 170, C.A. ; Jones v.Rimmer (1880) 14 Ch.D. 11, 17, Fry J. Note that in Peyman v Lanjani [1985] Ch 457, the Court of Appeal held that the plaintiff had not lost his right to rescind because, knowing of the facts which afforded this right, he proceeded with the contract, unless he also knew of the right to rescind. Treitel inChitty on Contracts (26th ed., 1989), vol. 847, 854855, Maugham J. 247 It was a right, granted by will and undoubtedly exercised, to take water from a well and t o use a kitchen for washing and brewing. 102 Cf. contract 14 Flashcards | Quizlet InWant, the vendors could transfer not just bare legal possession, but the legal title, albeit that any such transfer would have been voidable. Exch. 's principle as a matter of precedent, it cannot claim the status of a well-established but anomalous example of a doctrine of substantive fundamental breach. 596. 524 (all decisions of Malins V.-C);Joliffe v.Baker(1883) 11 Q.B.D. in the Supreme Court of Pennsylvania:Stoddart v.Smith, 5 Binney 355, 363 (1812). 606, 608; better reported on this point in 6 Jur. 218 See,e.g., Harnett v.Baker (1875) L.R. 's decision inRe Belcham and Gawley's Contract [1930] 1 Ch. 230 Re Woods and Lewis' Contract [1898] 2 Ch. See: Lambert v Co-Operative Insurance Society [1975] 2 Lloyd's Rep 485. Advanced A.I. 139 George Mitchell (Chesterhall) Ltd. v.Finney Lock Seeds Ltd. [1983) 2 A.C. 803, 813814, Lord Bridge. He simply exercised his discretion to refuse specific performance and, without deciding whether the vendor was in breach of contract or not, ordered the repayment of the purchaser's deposit under the Law of Property Act 1925, s. 49(2). Peyman v Lanjani [1985] Restitutio in integrum impossible. 203 A likely example might be where a boundary is in dispute.Cf.
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