Chantry Estates v Anderson

Chantry Estates v Anderson

The agreement did not require the implication of the suggested terms; it worked without them. The court was not driven to conclude that the agreement must mean what the appellants contended. The appeal was dismissed.

Parties
Claimant/respondent: Chantry Estates; Defendant/appellant: Anderson; Defendant/appellant: Mrs Anderson
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (specific Performance)
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Option Agreements, Specific Performance
Contract Law Property Law Implied Terms Option Agreements Specific Performance

Case Brief

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Parties

Chantry Estates

Claimant/respondent

Anderson

Defendant/appellant

Mrs Anderson

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (specific Performance)

Legal Issues

  1. 1 Whether a term should be implied into the option agreement requiring the claimant to pursue planning appeals with reasonable efforts and expedition and not to delay for the purpose of extending the option period.

Ratio Decidendi

The agreement did not require the implication of the suggested terms; it worked without them. The court was not driven to conclude that the agreement must mean what the appellants contended. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment for specific performance stands