Get Nominees Ltd v Trinity Welsh Homes Ltd

Sale of land – Condition. The Chancery Division considered the interpretation of a contract for the purchase of a property. The defendant sought to rescind the contract between the parties, on the ground that an event of default had occurred, as defined by the contract. The claimant submitted that, since a term in the contract was to be taken as meaning that time was of the essence, it was not possible for the rescission to occur. The court held that, on the true construction of the contract, time had been of the essence, and so the claimant was entitled to succeed.

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