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Jersey Case Law

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Land-law [1977] JLR 135

Romeril v Davis

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

The court held that without a signed agreement or part performance, no remedy was available for enforcement or damages, and acceptance of a written tender to purchase was not binding.

  • Contract-of-sale
  • Specific-performance
  • Damages-in-lieu-of-specific-performance
  • Requirement-of-signed-agreement
  • Part-performance
  • Damages-in-lieu
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Land-law [1976] JJ 335

Bradshaw v McCluskey

Bradshaw v McCluskey [1976] JJ 335 (12 February 1976)

The court held that Jersey’s customary 40-day rule survived legislation, so heirs or devisees could annul the land sale contract after the vendor died within 40 days.

  • Contract-of-sale
  • 40-day-rule
  • Customary-law
  • Land-law
  • Inheritance-law
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Land-law [1964] JJ 411

Telford v Pattison

Telford v Pattison [1964] JJ 411 (04 August 1964)

A “subject to contract” sale may still be binding if the parties’ conduct shows they intended immediate legal effect, with the formal document only to record it.

  • Contract-of-sale
  • Subject-to-contract
  • Intention-to-create-legal-relations
  • Land-law
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.