''Ogilvy v Hope Davies''

976 Year 976 ( CMLXXVI) was a leap year starting on Saturday of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after returning from a second campaign against ...

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English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...

case concerning

promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...

Facts

Ogilvy was selling the Creech Hill Farmhouse,

Cranborne Cranborne is a village in Dorset, England. At the 2011 census, the parish had a population of 779, remaining unchanged from 2001. Until 2019 the appropriate electoral ward was called 'Crane'. This ward included Wimborne St. Giles in the west a ...

to Hope Davies. An abstract of title to the house needed to be sent to Hope Davies' solicitors, but Ogilvy, as a trustee failed to include the deed of appointment as trustee until later on. Hope Davies' solicitors delayed making requisitions and completion till the deed was sent, and this put Ogilvy at a loss. Ogilvy sued for losses resulting from the delayed completion.

Judgment

Graham J held that Hope Davies' solicitors should have raised requisitions on the defective abstract of title, because it was defective only in ways which were relatively unimportant and likely to be corrected. The late delivery of the deed of appointment, together with a letter sent by the vendors asking that all the requisitions be raised at the same time, amounted to a waiver by Ogilvy of the time limits on requisitions, and it would be inequitable to allow them to claim for losses occasioned by the delay.

Notes

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References

* English contract case law High Court of Justice cases 1976 in United Kingdom case law

Facts

Judgment

See also

Notes

References