In what circumstances will a vendor be held to his contractual right to retain his purchase-money?

Alberta, Canada


The following excerpt is from Tymo v. Wild Rose Properties Ltd., 1983 CanLII 1021 (AB QB):

In Stockloser v. Johnson, supra, Romer L.J. stated at p. 501: There is, in my judgment, nothing inequitable per se in a vendor, whose conduct is not open to criticism in other respects, insisting upon his contractual right to retain instalments of purchase-money already paid. At p. 502 he stated further: It seems to me that in the long run it is much better that people who freely negotiate and conclude a contract of sale should be held to their “bargain” rather than that the judges should intervene by substituting, each according to his own individual sense of fairness, terms which are contrary to those which the parties have agreed upon for themselves.

Other Questions


Can an assignee or assignee of a vendor under a conditional sales contract, and if so, what are the consequences if the vendor decides to cancel the contract? (Alberta, Canada)
Is an easement consistent with a right that significantly detracts from the servient owner's rights? (Alberta, Canada)
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
If plaintiff had retained the home and at the trial date could she say she intended to occupy or retain the home, and if so, would the cost of the home be taken into consideration for damages? (Alberta, Canada)
Can a vendor be held liable on a promise not to deliver a parcel to the vendor in spite of the Village Council’s refusal to do so? (Alberta, Canada)
Is a vendor entitled to retain the instalments paid in a loan agreement? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
Can a vendor cancel an agreement where a purchaser defaults and all moneys paid under the agreement are forfeited to the vendor? (Alberta, Canada)
What is the test for a defendant’s right to retain and instruct counsel by telephone? (Alberta, Canada)
When an individual is informed of his right to counsel, does a reasonable delay in implementing this right? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.