O'Hare v Burgher 04-Mar-2021 [2021] JRC 065 (04 March 2021)

O'Hare v Burgher 04-Mar-2021 [2021] JRC 065 (04 March 2021)

Clause 2(4) of the Agreement is construed as imposing an obligation on the Defendant to vacate the Property within three months of the date of the Agreement to provide vacant possession to a buyer. As the Defendant failed to do so, he is in breach and summary judgment is appropriate.

Citation
[2021] JRC 065
Parties
Applicant: Plaintiff; Respondent: Defendant
Jurisdiction
Jersey
Judgment Date
04 March 2021
Procedural Posture
Summary Judgment Application / Judgment
Outcome
summary judgment granted in favour of Plaintiff
Legal Topics
Interpretation of Contracts, Specific Performance, Vacant Possession, Lease Cancellation
Contract Law Property Law Interpretation of Contracts Specific Performance Vacant Possession Lease Cancellation

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Proper construction of Clause 2(4) of the Agreement
  2. 2 Obligation to vacate property within three months
  3. 3 Entitlement versus obligation to vacate property

Ratio Decidendi

Clause 2(4) of the Agreement is construed as imposing an obligation on the Defendant to vacate the Property within three months of the date of the Agreement to provide vacant possession to a buyer. As the Defendant failed to do so, he is in breach and summary judgment is appropriate.

Court Disposition

summary judgment granted in favour of Plaintiff

Orders

  • Defendant ordered to comply with Clause 2.4 of the Agreement and vacate the Property
  • Parties may make further submissions regarding the time allowed for Defendant to vacate