Does acceptance of a conveyance bar a vendor from suing for damages arising from a breach of a contract for sale?
Ontario, Canada
The following excerpt is from Carey v. Toronto (City), 1885 CanLII 23 (ON CA):
In Palmer v. Johnson, and cases of that kind, the acceptance of a conveyance does not bar the vendee’s right to sue for a breach of an express agreement in the contract for sale, whereby compensation was to be granted in case of deficiency or variation between the premises mentioned in the particulars and conditions of sale and those conveyed. The taking the conveyance leaves that collateral and independent contract untouched. The taking the deed does not cover the whole ground of the preliminary contract.
"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
What are the damages for mental distress that arise as a result of a breach of contract? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
When a vendor consigns goods to a vendor, and sends a bill of lading to his own correspondent, and gives no delivery order to the vendor, does the vendor have a right to possession of the goods? (Ontario, Canada)
What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract? (Ontario, Canada)
Can a plaintiff recover damages for mental distress arising out of circumstances that aggravate the breach of contract? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
What is the difference between damages for mental distress and aggravated damages for breach of contract? (Ontario, Canada)
What is the test for "unlawful means" in the context of a claim for damages arising out of a breach of contract? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (Ontario, Canada)
In an action on the insurance contract, can a plaintiff recover damages for breach of duty of good faith? (Ontario, Canada)
