Promise to Sell vs. Unilateral Sale to Third Party
Synthèse Legislator
Généré par l'IAA party appealed a judgment that dismissed their claim for damages arising from the non-performance of a promise to sell, arguing the lower court incorrectly determined that the promisor's subsequent unilateral sale to a third party extinguished any obligation to perform the original promise, despite the promise having been made for a specified duration. The high court quashed the decision, reasoning that the mere fact of the unilateral sale to a third party before the option expired did not extinguish the promisor's obligation under the promise to sell, as the right of the beneficiary of the promise was preserved against the promisor and the breach of the commitment to sell gave rise to a claim for damages, pursuant to the relevant article concerning the effects of contractual obligations.
Regeste Legislator
Généré par l'IAPromise to Sell vs. Unilateral Sale to Third Party: The high court quashed the decision, reasoning that the mere fact of the unilateral sale to a third party before the option expired did not extinguish the promisor's obligation under the promise to sell, as the right of the beneficiary of the promise was preserved against the promisor and the breach of the commitment to sell gave rise to a claim for damages, pursuant to the relevant article concerning the effects of contractual obligations.
Mots-clés
Généré par l'IADécisions connexes
Généré par l'IATexte complet
SUR LE MOYEN UNIQUE : VU L'ARTICLE 145,