Bradshaw v McCluskey [1976] JJ 335 (12 February 1976)

The court held that the customary 40-day rule remains in force and is unaffected by subsequent legislation, allowing annulment of the contract by the heirs or devisees.

Citation: [1976] JJ 335
Parties: Applicant: Bradshaw; Respondent: McCluskey
Jurisdiction: Jersey
Judgment Date: 12 February 1976
Procedural Posture: Civil / Judgment
Outcome: contract annullable by heirs or devisees
Legal Topics: Contract of Sale, 40 Day Rule, Customary Law

Land Law Contract of Sale 40 Day Rule Customary Law

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Parties

Bradshaw

Applicant

McCluskey

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the customary 40-day rule allowing annulment of a contract of sale by heirs or devisees of a vendor who dies within 40 days remains in force and is unaffected by legislation

Ratio Decidendi

The court held that the customary 40-day rule remains in force and is unaffected by subsequent legislation, allowing annulment of the contract by the heirs or devisees.

Court Disposition

contract annullable by heirs or devisees