2 passages from 1 case, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.
Open in the Research toolIn my judgment, the conditions in the agreement are mutual and the respondent, by allowing her house to be pulled down, has fulfilled her part of the agreement. The appellants’ failure to fulfil the obligation imposed on them by the agreement shows a total lack of consideration which, I think, goes to the root of the contract.
PRAH & OTHERS v. ANANE [1964] GLR 458 [1964] SLR (SC) 49 · Supreme Court · 1964 · MILLS- ODOI JSC
Read it in the judgmentIt is not every breach of that term which absolves the employer from his promise to pay the price, but only a breach which goes to the root of the contract, such as an abandonment of the work when it is only half done. Unless the breach does go to the root of the matter, the employer cannot resist payment of the price.” Applying this principle to the instant case, I am of the opinion that the appellants have committed a breach which goes to the root of the contract, therefore the respondent is entitled to claim for the full value of the contract.
PRAH & OTHERS v. ANANE [1964] GLR 458 [1964] SLR (SC) 49 · Supreme Court · 1964 · MILLS- ODOI JSC
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