Breach of Contract

Suing for Unpaid Deposits #527

Generally speaking, if a buyer breaches a contract for the purchase of real estate and the seller accepts the buyer’s refusal to perform the contract (as known as “repudiation”), an innocent seller is entitled to retain the deposit paid by the buyer under a contract of purchase and sale. But what happens when a buyer

Relief from Forfeiture #166

Legally Speaking

By Gerry NeelyB.A., LL.B. Another deposit returned to a purchaser who was in default, but this time it was because the vendor benefitted from the purchaser’s breach of contract. A purchaser who failed to close on the completion date because of insufficient funds, sued for the return of a $50,000 deposit paid September 1989 upon

Garden Removal – Damages; Oral Revocation of a Counteroffer #137

Legally Speaking

By Gerry NeelyB.A. LL.B. A Victoria couple’s love of their garden led them to take it with them when they moved. Its absence was not noticed at first by the purchasers, who had taken possession on a dreary rainy January day. However when the weather cleared, as it occasionally does in Victoria, the pockmarked shrubless

Damages for Breach of Contract – Avoided or Reduced #64

Legally Speaking

By Gerry NeelyB.A. LL.B. Usually a judge will not assist a person who is in breach of contract, to avoid the consequences of that person’s default. One would expect this to be particularly true where the contracting parties agreed that the default of one party would result in “pre-estimated” damages becoming payable to the other

Offer or Option – Chapter 2 #63

Legally Speaking

By Gerry NeelyB.A. LL.B. Column No. 57 discussed at length the problem of deciding whether a condition in an offer to purchase is not what is commonly referred to as a true condition precedent, but rather creates an option which must either be under seal or for which consideration must be given to prevent the

Commission Dispute Between Agent and Salesperson #34

Legally Speaking

By Gerry NeelyB.A. LL.B. A salesperson’s right to payment of a commission or of a bonus earned during his employment, but not paid before the salesperson left the agent with whom he was employed, has been examined in several cases. In the first case, after an amicable parting, the agent considered that some of the