Eminence Property Developments Ltd. v Heaney

Eminence Property Developments Ltd. v Heaney

Premature service of rescission notices due to an obvious and innocent mistake in calculating the expiry of notices to complete did not constitute a repudiatory breach, as a reasonable recipient would have recognized the error and Eminence's intention to enforce the contract, not abandon it.

Parties
Appellant: Eminence Property Developments Ltd; Respondent: Kevin Christopher Heaney
Jurisdiction
England and Wales
Judgment Date
21 October 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Repudiatory Breach, Rescission, Notices to Complete, Objective Assessment of Intention, Premature Termination
Contract Law Repudiatory Breach Rescission Notices to Complete Objective Assessment of Intention Premature Termination

Case Brief

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Parties

Eminence Property Developments Ltd

Appellant

Kevin Christopher Heaney

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether premature rescission by the vendor before expiry of notice to complete constitutes repudiatory breach entitling the purchaser to terminate the contract

Ratio Decidendi

Premature service of rescission notices due to an obvious and innocent mistake in calculating the expiry of notices to complete did not constitute a repudiatory breach, as a reasonable recipient would have recognized the error and Eminence's intention to enforce the contract, not abandon it.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The rescission notices did not constitute a repudiatory breach.