8 Jul 2011
HUMPHRIES V CARR COA CA565/2010
- Citation
- COA CA565/2010
- Court
- Court of Appeal
The ASA was an accord and conditional satisfaction which only discharged existing claims upon performance; because settlement did not occur and the ASA was validly cancelled the parties reverted to their pre-existing rights and obligations, and the principle preventing a party taking advantage of his own wrong did not bar the respondent from enforcing a pre-existing order for specific performance obtained prior to the ASA.