Introduction to Contract Law cases

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Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900

Facts: The parties here exchanged a contract for the sale of land by the claimant to the defendant. As well as the original agreement (which did comply with the need for the contract to be in writing), Keay agreed to lease a medical centre that Morris Homes was obliged to build → the grant of planning permission was a condition of the sale agreement. Keay argued they had agreed to this orally, but Morris Homes said that such an agreement would not comply with the requirement that contracts for the transfer of land are required to be made in writing

Held: J. Simon Barker QC nevertheless granted the application and said that Morris Homes had no real prospect of arguing that the agreement was void

Scriven Bros & Co v Hindley & Co [1913] 3 KB 564

Facts: A buyer wanted to buy 2 crops at an auction. He bid for them and found he had only got one of the crops.

Held: The auctioneer tried to enforce the sale of the crops but he could not do so because the sale had been procured by the auctioneer’s own negligence. So there was no contract because the seller knew the buyer was under a mistake

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