Scott v Ennis-Oakes

1 NSWLR 547; [2020] NSWCA 239

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Conveyancing
3. › Contract for sale
4. › Rescission
5. › Election to affirm contract rather than terminate for repudiation
6. › Whether innocent party entitled to loss of bargain damages where contract subsequently terminated by supervening event
7. › Whether right to loss of bargain damages arises only on termination by innocent party for breach
1. Contract
2. › Breach
3. › Repudiation
4. › Election
5. › Affirmation of contract
6. › Effect of affirmation on right to loss of bargain damages
7. › Supervening event terminating contract while on foot
1. Contract
2. › Construction
3. › Contractual right of rescission
4. › Preservation of rights clause
5. › Whether opening words of rescission clause preserved right to loss of bargain damages
6. › Whether 'available' rights means rights available at time of termination

Quick Take

Practitioners advising innocent parties following repudiation should note that electing to affirm the contract and seek specific performance carries the risk that a supervening event may terminate the contract, extinguishing any right to loss of bargain damages.