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Between andWimpey Construction UK Ltd entered into extensive negotiations to purchase 14 acres of land owned by Ronald Cornwall near a proposed motorway bypass near Esher. Transworld was a Hong Kong based company linked to the original land owner Ronald Cornwall. However, the contract contained several termination clauses, with the important clause that the contract would terminate if the government started compulsory purchase action for this land, and 8 months later, the government gave Woodar formal notice that they were going to compulsory acquire 2. Woodars solicitors response was to inform them that this was wrongful rescission, as the rescission clause only allowed compulsory acquisition commenced after the date of the contract, pointing out that the government had started to acquisition process before the sale date, including public advertising and holding public meetings on the matter. The Judicial Committee held by a majority Lords Salmon and Russell dissenting that there had in fact been no repudiatory breach as Wimpey, as they had calculated, were entitled to rescind following the intervening compulsory purchase affecting the site. As obiter dicta the Lords fullworld investment ltd where the Court of Appeal was right that if Woodar did have a good claim for breach of contract, they could claim fullworld investment ltd on behalf of Transworld Trade Ltd.
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Between andWimpey Construction UK Ltd entered into extensive negotiations to purchase 14 acres of land owned by Ronald Cornwall near a proposed motorway bypass near Esher. Transworld was a Hong Kong based company linked to the original land owner Ronald Cornwall. However, the contract contained several termination clauses, with the important clause that the contract would terminate if the government started compulsory purchase action for this land, and 8 months later, the government gave Woodar formal notice that they were going to compulsory acquire 2.
Woodars solicitors response was to inform them that this was wrongful rescission, as the rescission clause only allowed compulsory acquisition commenced after the date of the contract, pointing out that the government had started to acquisition process before the sale date, including public advertising and holding public meetings on the matter. The Judicial Committee held by a majority Lords Salmon and Russell dissenting that there ufllworld in fact been no repudiatory breach as Wimpey, as they had calculated, fullwodld entitled to rescind following the intervening fullworld investment ltd purchase affecting the site.
As obiter dicta the Lords discussed where the Court of Appeal was right that if Woodar did have a good claim for breach of contract, they could claim damages on behalf of Transworld Trade Ltd.
Lord Wilberforce said that Jackson could be supported on its special facts, as a type of contract including family holidays, ordering investmetn in restaurants and hiring a taxi for a group. Whether in a situation such as the present — [namely] where it is not shown that Woodar was agent or trustee for Transworld, or that Woodar itself sustained any loss, Woodar can recover any damages at all, or any but nominal damages, against Wimpey, and on what principle, is, in my opinion, a question of great doubt and difficulty — no doubt open in this House — but one on which I prefer to reserve my opinion.
From Wikipedia, the free encyclopedia. Of importance to the factual decision, the Esher by-pass was built nearby soon. Dutton v Poole Tomlinson v Gill Ambler De Cicco v SchweizerN. The Eurymedon [] [2]. Contracts Rights of Third Parties Act Categories : English contract case law House of Lords cases in case law in British law. Namespaces Article Talk. Views Read Edit View history. Languages Add links.
By using this site, you agree to the Terms of Use and Privacy Policy. This contract related to 14 acres of land at Cobham, Surrey. One previous appeal, decided in the alternative on the question of fact, fullworrld on the question of law.
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