LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NewDefendant (None)     19 July 2010

Order of performing terms of contract


Could you please advise in what order should various obligations be performed if the contract does not have specific dates for certain important conditions?

In this case:

Buyer required to perform condition in clause 1 [Buyer has to obtain certain permission, but no date for performance  given]. We cannot proceed forward in the deal because Buyer refuses to perform condition 1. He finally performs the condition, but  only 5 months after filing suit for specific performance. 

Can the buyer perform at his whim and file suit for specific performance? Even in suit he states he did not think  he was required to perform condition 1


2. Further, Agreement clearly states Vendor will sign Sale Deed and Transfer papers AFTER receiving balance payment. Buyer does not make payment but purports to send notice to Vendor to sign sale deed and transfer papers (but notice does not call upon Vendor to receive payment]. Vendor never received notice. Address on his RAPD is incorrect. Is this right?

I have still not understood how he can file a suit for specific performance when he was the defaulting party? 


 0 Replies

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query