Cooper v Ungar [1958] HCA 9

Cooper v Ungar [1958] HCA 9

Even if a condition is implied that the vendor must resell within a reasonable time, there was not an unreasonable delay on the facts, so the vendor is entitled to recover the deficiency as liquidated damages under the contract.

Parties
Defendant: Benjamin Cooper; Plaintiff: Harriet Ungar
Jurisdiction
Australia
Procedural Posture
Civil Appeal / Judgment on Appeal From Supreme Court of New South Wales (full Court)
Outcome
Appeal dismissed
Legal Topics
Vendor and Purchaser, Sale of Land, Liquidated Damages
Contract Law Property Law Vendor and Purchaser Sale of Land Liquidated Damages

Case Brief

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Parties

Benjamin Cooper

Defendant

Harriet Ungar

Plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal From Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Whether a term should be implied in the contract of sale requiring resale by the vendor within a reasonable time as a condition precedent to recovering the deficiency as liquidated damages
  2. 2 Whether the vendor's resale occurred within a reasonable time under the contract

Ratio Decidendi

Even if a condition is implied that the vendor must resell within a reasonable time, there was not an unreasonable delay on the facts, so the vendor is entitled to recover the deficiency as liquidated damages under the contract.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Judgment of the Full Court of the Supreme Court of New South Wales affirmed.