Maloo and others v Somar

Maloo and others v Somar

The vendor was under an express obligation to convey the lots with good marketable title; since planning permission was required, the vendor needed to obtain it to perform the contract. The vendor's transfer of the property to a third party constituted a repudiatory breach, entitling the respondent to substantial damages, not merely return of purchase price.

Parties
Appellant: Deonarine Maloo; Appellant: Dularchand Maloo; Appellant: Sumatie Jhagroosingh; Respondent: Anthony Somar
Jurisdiction
England and Wales
Judgment Date
25 March 2019
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Implied Terms, Breach of Contract, Specific Performance, Damages, Marketable Title, Planning Permission
Contract Law Property Law Implied Terms Breach of Contract Specific Performance Damages Marketable Title Planning Permission

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Parties

Deonarine Maloo

Appellant

Dularchand Maloo

Appellant

Sumatie Jhagroosingh

Appellant

Anthony Somar

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the vendor was obliged to obtain planning permission for sub-division under the sale agreement
  2. 2 Whether the respondent was entitled to damages for breach of contract or only return of purchase price
  3. 3 Whether an implied term existed regarding planning permission

Ratio Decidendi

The vendor was under an express obligation to convey the lots with good marketable title; since planning permission was required, the vendor needed to obtain it to perform the contract. The vendor's transfer of the property to a third party constituted a repudiatory breach, entitling the respondent to substantial damages, not merely return of purchase price.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Respondent entitled to substantial damages for loss of bargain