Gordon v Havener (Antigua and Barbuda)

Gordon v Havener (Antigua and Barbuda)

The appeal was dismissed because Mr Gordon failed to pay the agreed purchase price under any of the contracts, entitling Mrs Havener to terminate the contracts. Proprietary estoppel could not be invoked as the promises relied upon were inextricably tied to the contracts, which had been terminated for breach.

Parties
Appellant: Gregory Gordon; Respondent: Jacqueline Havener
Jurisdiction
England and Wales
Judgment Date
04 October 2021
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Breach of Contract, Proprietary Estoppel, Termination of Contract
Contract Law Property Law Equity Specific Performance Breach of Contract Proprietary Estoppel Termination of Contract

Case Brief

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Parties

Gregory Gordon

Appellant

Jacqueline Havener

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the contracts for sale of land were valid and enforceable
  2. 2 Whether the appellant paid the agreed purchase price
  3. 3 Whether specific performance or damages should be granted

Ratio Decidendi

The appeal was dismissed because Mr Gordon failed to pay the agreed purchase price under any of the contracts, entitling Mrs Havener to terminate the contracts. Proprietary estoppel could not be invoked as the promises relied upon were inextricably tied to the contracts, which had been terminated for breach.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.