Irwin v Wilson & Ors

Irwin v Wilson & Ors

The documents service term in clause 25.1 was for the exclusive benefit of the buyer and could be waived, but once the seller served a valid notice to terminate under clause 25.2, it was too late for the buyers to waive the condition; the contract was validly terminated upon service of the notice.

Parties
Claimant/respondent: Guy Patrick Irwin; Defendant/appellant: Celia Rose Wilson; Defendant/appellant: Florence Olivia Wilson; Defendant/appellant: Alice Rebecca Wilson
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed; contract validly terminated.
Legal Topics
Waiver of Contractual Conditions, Termination of Contract, Specific Performance, Sale of Land, Completion Date, Benefit of Contractual Terms
Contract Law Property Law Waiver of Contractual Conditions Termination of Contract Specific Performance Sale of Land Completion Date Benefit of Contractual Terms

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Parties

Guy Patrick Irwin

Claimant/respondent

Celia Rose Wilson

Defendant/appellant

Florence Olivia Wilson

Defendant/appellant

Alice Rebecca Wilson

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether clause 25.1 is for the sole benefit of the buyer and capable of unilateral waiver
  2. 2 Whether clause 25.1 is severable from clause 25.2 and how completion date is determined upon waiver
  3. 3 Whether waiver of clause 25.1 after notice of termination under clause 25.2 is legally effective

Ratio Decidendi

The documents service term in clause 25.1 was for the exclusive benefit of the buyer and could be waived, but once the seller served a valid notice to terminate under clause 25.2, it was too late for the buyers to waive the condition; the contract was validly terminated upon service of the notice.

Court Disposition

Appeal dismissed; contract validly terminated.

Orders

  • Defendants' application for specific performance dismissed.
  • Contract for sale of flat at 1 Cranworth Gardens, London SW9 validly terminated.