Jersey Judgment

Romeril v Davis [1977] JLR 135 (13 October 1977)

Land Law Contract Law Contract of Sale Specific Performance Damages in Lieu of Specific Performance Requirement of Signed Agreement Part Performance

Citation: [1977] JLR 135
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

On this page

Professional case brief

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Source document

Holding and result

No remedy is available for enforcement or damages in the absence of a signed contract or part performance; mere acceptance of a written tender to purchase does not create a binding contract.

Court disposition

claim dismissed

Material facts

Parties

Romeril

Plaintiff

Davis

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether damages may be awarded in lieu of specific performance if the defendant refuses to pass contract
02
Whether there is a remedy if there is no signed agreement and no part performance
03
Whether acceptance of a written tender to purchase is binding without a signed contract

Party arguments

Applicant: Plaintiff seeks enforcement of a contract of sale or damages in lieu of specific performance based on acceptance of a written tender to purchase.
Respondent: Defendant contends that no binding contract exists in the absence of a signed agreement or part performance.

Court’s reasoning

Legal principles

01
[1977] JLR 135

Damages may be awarded in lieu of specific performance if the defendant refuses to pass contract.
02
[1977] JLR 135

No remedy is available if there is no signed agreement and no part performance.
03
[1977] JLR 135

Acceptance of a written tender to purchase is not binding without a signed contract.

Ratio, limits and disposition

Ratio decidendi

No remedy is available for enforcement or damages in the absence of a signed contract or part performance; mere acceptance of a written tender to purchase does not create a binding contract.

Court disposition

claim dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1977] JLR 135

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