Fire Damage

Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350

Legally Speaking

By Gerry Neely B.A. LL.B When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract otherwise provided. For this reason, the Contract of Purchase and Sale includes Clause 16 which allocates risk

Fire Damage Before Completion Date – Doctrine of Frustration #233

Legally Speaking

By Gerry NeelyB.A., LL.B. What is the position of the parties to a Contract of Purchase and Sale when fire damages or destroys the building, which is the subject matter of the contract, between the date the contract was signed and the completiond ate? If the Doctrine of Frustration applies, the parties are not required to