Hanby v Moss [1966] JJ 625 (05 July 1966)

Hanby v Moss [1966] JJ 625 (05 July 1966)

Where time is not of the essence in a construction contract, the contractor must complete the work within a reasonable time, and if there is unreasonable delay, the employer may claim anticipatory breach rather than being limited to the penalty clause.

Citation
[1966] JJ 625
Parties
Employer: Hanby; Contractor: Moss
Jurisdiction
Jersey
Judgment Date
05 July 1966
Procedural Posture
Civil / Judgment
Outcome
judgment for employer on anticipatory breach
Legal Topics
Completion of Contract, Delay in Completion, Time Not of the Essence, Reasonable Time for Completion, Anticipatory Breach, Penalty Clause
Construction Law Contract Law Completion of Contract Delay in Completion Time Not of the Essence Reasonable Time for Completion Anticipatory Breach Penalty Clause

Case Brief

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Parties

Hanby

Employer

Moss

Contractor

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether time was of the essence in the construction contract
  2. 2 Whether unreasonable delay in completion entitled the employer to claim anticipatory breach rather than rely on penalty clause

Ratio Decidendi

Where time is not of the essence in a construction contract, the contractor must complete the work within a reasonable time, and if there is unreasonable delay, the employer may claim anticipatory breach rather than being limited to the penalty clause.

Court Disposition

judgment for employer on anticipatory breach