''Ogilvy v Hope Davies'' 9761 All ER 683 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case concerning

promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean a capacity ...

Facts

Ogilvy was selling the Creech Hill Farmhouse, Cranborne to Hope Davies. An abstract of title to the house needed to be sent to Hope Davies' solicitors, but Ogilvy, as a trustee failed to include the deed of appointment as trustee until later on. Hope Davies' solicitors delayed making

requisition Requisition may refer to: *Purchase requisition, a document issued by a buyer to a seller indicating types, quantities, and agreed prices for products or services *Requisition in military logistics *Requisition of property by a government under em ...

s and completion till the deed was sent, and this put Ogilvy at a loss. Ogilvy sued for losses resulting from the delayed completion.

Judgment

Graham J held that Hope Davies' solicitors should have raised requisitions on the defective abstract of title, because it was defective only in ways which were relatively unimportant and likely to be corrected. The late delivery of the deed of appointment, together with a letter sent by the vendors asking that all the requisitions be raised at the same time, amounted to a waiver by Ogilvy of the time limits on requisitions, and it would be inequitable to allow them to claim for losses occasioned by the delay.

Notes

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References

* English contract case law High Court of Justice cases 1976 in United Kingdom case law

Facts

Judgment

See also

Notes

References