23 Feb 2006
WALKER V HOLLAND HC CHCH CIV-2006-409-130
- Citation
- openlaw-4c5d873a_a212_4c5b_b086_8daf879cca1a.pdf
- Court
- High Court
The defendants' 14 December letter, by agreeing to attend to the identified defects and requesting confirmation without fixing a new deadline or reserving a right to cancel, constituted conduct amounting to an extension/waiver of time such that time ceased to be of the essence; absent restoration of essentiality or provision of a further reasonable time, the defendants' 20 December purported termination was ineffective, so summary judgment for the plaintiffs and the relief sought follows.
- Time is of the essence
- Condition precedent
- Offer and acceptance
- Waiver and extension of time
- Caveat
- Summary judgment