Caricom Investment Limited, Caricom Hotels Limited, Caricom Properties Limited v National Commercial Bank Limited, Rio Blanco Development Limited and Aird, Karl

Case Number: 
2005HCV1884
Neutral Citation: 
2013 JMSC Civ 120
Date of Delivery: 
20.09.2013

Sale of land by receiver under powers of sale in debenture and mortgage - Registration of Titles Act, S. 125 - Agreement for sale of land - Mutually contingent upon agreement for sale of chattels - Failure to provide duplicate certificates of title although purchaser registered on original certificate - Sections 81 and 82 of Registration of Titles Act - Whether failure to provide duplicates 'encumbers' the remaining 49 titles involved in transaction - Whether remedy available is rescission of the contract - Whether when there are mutually contingent agreements, it would be possible to rescind the one without rescinding the other - Whether the rule in Bain v Fothergill applies - Whether bank morrgagee is 'vendor' by virtue of conduct after 'completion' of sale - Whether there is a breach of warranties contained in agreement for sale - Whether bank may become liable by accepting responsibility to try to secure duplicates - Whether person may become vicariously liable for conduct of another after the purported agent was not his agent when the act being called into question was done - Whether if there is a breach of implied terms what damages are payable and by whom

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