Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen - SC 55/2005
Summary
Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause. CA 266/04 15 August 2005
Result
Leave to appeal refused. 3 November 2005
Related Documents
Leave judgment - leave dismissed — WHANGAMATA HOMES LIMITED v JANSEN SC 55/2005 [3 November 2005] (PDF 16 KB)
Additional Information
Jansen v Whangamata Homes Ltd [2005] NZCA 207 15 August 2005