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Sparks v Biden

Nathaniel Duckworth appeared for the Defendant in a case concerning whether a term should be implied into overage provisions in a sale contract requiring the purchaser/developer to sell properties on the development within a particular timetable after practical completion of the properties where the express terms of the contract did not impose any restrictions on the timing of the sales.  HHJ Davis-White QC, sitting as a Judge of the Chancery Division, held that a term fell to be implied that the properties were to be sold with a reasonable time after being completed.  The case considers the need for clarity and precision in the formulation of implied terms.

The judgment can be found here


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