- Vendor of land entitled to rescind contract despite own repudiatory breach (Cantt Pak Ltd v Pak Southern China Property Investment Ltd)
- What are the practical implications of the judgment?
- What was the background?
- What did the court decide?
- Validity of notice to complete
- Effectiveness of notice of rescission
Property analysis: Stephen Pritchett, barrister, of 23 Essex Street Chambers, examines a Chancery Division decision that, following the defendant’s failure to complete a contract to buy commercial land and buildings from the claimant, the latter was able to rescind the contract, despite its own repudiatory breach in not giving vacant possession. The claimant was therefore entitled to vacation of unilateral notices which the defendant had entered on the charges register of title relating to the land.
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