Samarenko v Dawn Hill House Ltd

Samarenko v Dawn Hill House Ltd

The requirement to pay the deposit was a fundamental term of the contract. The defendant's failure to pay the deposit by the deadline, after notice making time of the essence, constituted a repudiatory breach entitling the claimant to terminate the contract. No implied term excused non-payment, and the notice period was sufficient.

Parties
Claimant: Alexi Samarenko; Defendant: Dawn Hill House Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment for claimant
Legal Topics
Repudiatory Breach, Deposit Payment, Termination of Contract, Implied Terms, Summary Judgment
Contract Law Property Law Repudiatory Breach Deposit Payment Termination of Contract Implied Terms Summary Judgment

Case Brief

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Parties

Alexi Samarenko

Claimant

Dawn Hill House Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether failure to pay the deposit constituted a repudiatory breach entitling the claimant to terminate the contract
  2. 2 Whether any implied term excused the defendant's non-payment of the deposit
  3. 3 Whether the notice period for payment was sufficient to make time of the essence

Ratio Decidendi

The requirement to pay the deposit was a fundamental term of the contract. The defendant's failure to pay the deposit by the deadline, after notice making time of the essence, constituted a repudiatory breach entitling the claimant to terminate the contract. No implied term excused non-payment, and the notice period was sufficient.

Court Disposition

Summary judgment for claimant

Orders

  • Declaration that the contract as varied was validly terminated
  • Order for vacation of notices at the Land Registry