Can a defendant in a personal injury case treat the abandonment of an agreement as abandoned?
Saskatchewan, Canada
The following excerpt is from Smith v. Ash, 1919 CanLII 306 (SK QB):
In Higginbotham v. Mitchell, 13 W.L.R. 649, it was held that even if time was not of the essence of the agreement a period of more than two weeks was a reasonable time to wait for a cash payment, and when it was not forthcoming within that period defendant was justified in treating the agreement as abandoned.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant set up a defence for personal injury in a personal injury case? (Saskatchewan, Canada)
What is the limitation on multiple defendants in a personal injury case? (Saskatchewan, Canada)
How have the courts interpreted a compromise agreement in a personal injury case? (Saskatchewan, Canada)
What is the effect of requiring payment to a defendant in a personal injury case? (Saskatchewan, Canada)
What is the effect of the Courts of Equity’s jurisdiction on the terms of a personal injury agreement? (Saskatchewan, Canada)
What is the test for a defendant to successfully defend a claim for trespass on another person's land? (Saskatchewan, Canada)
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
What is the test for damages in a personal injury action brought by a defendant who failed to appear in court? (Saskatchewan, Canada)
Does a vendor have the right to treat non-payment of the purchase price as abandonment of the agreement for sale? (Saskatchewan, Canada)
