Di Luca v Juraise (Springs) Ltd & Ors [1997] EWCA Civ 2419 (06 October 1997)

Di Luca v Juraise (Springs) Ltd & Ors [1997] EWCA Civ 2419 (06 October 1997)

Time is of the essence for the two-month period to exercise the option to purchase land under the agreement; the option must be exercised strictly within that period, and the absence of a notice requirement or express provision to the contrary does not alter this rule.

Citation
[1997] EWCA Civ 2419
Parties
Plaintiff/appellant: Benito Di Luca; Defendant/respondent: Juraise (Springs) Limited; Defendant/respondent: Adrian Clifford Walter Amess; Defendant/respondent: Kathleen Frances Amess
Jurisdiction
England and Wales
Judgment Date
06 October 1997
Procedural Posture
Appeal From High Court (chancery Division) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Options to Purchase Land, Time of the Essence, Specific Performance
Property Law Contract Law Options to Purchase Land Time of the Essence Specific Performance

Case Brief

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Parties

Benito Di Luca

Plaintiff/appellant

Juraise (Springs) Limited

Defendant/respondent

Adrian Clifford Walter Amess

Defendant/respondent

Kathleen Frances Amess

Defendant/respondent

Procedural Posture

Appeal From High Court (chancery Division) / Judgment on Appeal

Legal Issues

  1. 1 Whether time is of the essence for the two-month period to exercise an option to purchase land under the agreement

Ratio Decidendi

Time is of the essence for the two-month period to exercise the option to purchase land under the agreement; the option must be exercised strictly within that period, and the absence of a notice requirement or express provision to the contrary does not alter this rule.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs