Racz v Vinson [1972] JJ 1969 (31 January 1972)

Racz v Vinson [1972] JJ 1969 (31 January 1972)

A vendor who commits acts resulting in termination of the lease and compromises an action for termination without reference to the purchaser's interests does not fulfill the contractual obligation to take reasonable steps to procure assignment of leaseholds.

Citation
[1972] JJ 1969
Parties
Purchaser: Racz; Vendor: Vinson
Jurisdiction
Jersey
Judgment Date
31 January 1972
Procedural Posture
Civil Appeal / Judgment
Outcome
judgment for purchaser
Legal Topics
Agreement to Procure Assignment of Leaseholds, Vendor Obligations, Termination of Lease, Compromise of Legal Action
Land Law Contract Law Agreement to Procure Assignment of Leaseholds Vendor Obligations Termination of Lease Compromise of Legal Action

Case Brief

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Parties

Racz

Purchaser

Vinson

Vendor

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the vendor took reasonable steps to procure the assignment of leaseholds as required by the contract
  2. 2 Whether the vendor's compromise of an action for termination without reference to the purchaser fulfilled the obligation to defend the action

Ratio Decidendi

A vendor who commits acts resulting in termination of the lease and compromises an action for termination without reference to the purchaser's interests does not fulfill the contractual obligation to take reasonable steps to procure assignment of leaseholds.

Court Disposition

judgment for purchaser