24 May 2011
SMART MAX ENTERPRISE LTD v. SPEEDY WAY LTD
- Citation
- SMART MAX ENTERPRISE LTD v. SPEEDY WAY LTD
- Court
- Court of Appeal
- Case number
- CACV4/2011
The purchaser was entitled to reasonable time to consider answers to requisitions and clause 6 (seven working days to reply) evidenced an agreed period to assess answers; when the vendor delivered answers only on the day fixed for completion and then demanded completion the next day (or offered only a one‑day postponement), the vendor breached the agreement by not affording the purchaser the contractual/ reasonable time to consider the answers. That breach entitled the purchaser to terminate and recover the deposit; there was no waiver by the purchaser. The appeal is therefore dismissed.