Chatfield v Jones [1990] 3 NZLR 285 is a cited case in New Zealand regarding the issue of notice of cancellation of a contract, where a contract has been breached.[1][2]
Chatfield v Jones | |
---|---|
Court | Court of Appeal of New Zealand |
Full case name | Maurice Leicester Chatfield, Peter Howard Crump Hanson, Richard Ernest Yates v Peter Ernest Jones, Algar Keith Tozer |
Decided | 2 May 1990 |
Citation | [1990] 3 NZLR 285 |
Transcript | copy of judgment |
Court membership | |
Judges sitting | Cooke P, Somers J, Hardie Boys J |
Background
editIn November 1986, the parties agreed to transfer the shares in Acorn (Fiji) Limited, which operated a tourist train, in the Coral Coast, Fiji for $875,000. When the purchasers neglected to pay for the shares the following year, the shares were resold for $100,000, and sued the purchasers for the loss.
The purchasers defended the claim, saying they were not notified of the cancellation of the contract.
Held
editHeld, the court ruled that the vendors statement of claim notified them that the contract had been cancelled.
References
edit- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 423. ISBN 0-86472-555-8.
- ^ Walker, Campbell (2004). Butterworths Student Companion Contract (4th ed.). LexisNexis. pp. 202–203. ISBN 0-408-71770-X.