Hyams v Russell [1971] JJ 1891 (30 September 1971)

Failure to apply for permission to trade as a bank, when such application is a condition precedent to the completion of a company purchase, is a breach of contract.

Citation: [1971] JJ 1891
Parties: Applicant: Hyams; Respondent: Russell
Jurisdiction: Jersey
Judgment Date: 30 September 1971
Procedural Posture: Civil / Judgment
Outcome: breach of contract found
Legal Topics: Breach of Contract, Licensing Requirements, Condition Precedent

Contract Law Banking Regulation Breach of Contract Licensing Requirements Condition Precedent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Hyams

Applicant

Russell

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether failure to apply for permission to trade as a bank constitutes a breach of contract when such permission is a condition precedent to a company purchase

Ratio Decidendi

Failure to apply for permission to trade as a bank, when such application is a condition precedent to the completion of a company purchase, is a breach of contract.

Court Disposition

breach of contract found