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

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.

Citation: [1977] JLR 135
Parties: Plaintiff: Romeril; Defendant: Davis
Jurisdiction: Jersey
Judgment Date: 13 October 1977
Procedural Posture: Civil / Judgment
Outcome: claim dismissed
Legal Topics: Contract of Sale, Specific Performance, Damages in Lieu of Specific Performance, Requirement of Signed Agreement, Part Performance

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

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Parties

Romeril

Plaintiff

Davis

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

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

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