CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 300

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

We Bundell's Lot

The main question would seem to be, "Was the Contract complete as between Menon and Purchaser at the time of the withdrawal of the notice of resumption by the Government?" Whether the contract be a Statutory one (such as those under the Lands Clauses Act) or an ordinary Contract for the Sale of land, the ratio decidendi is the same.

In a Contract for the sale of land, all the essential terms must be fixed. Price is an essential term and where this is neither ascertained nor ascertainable in a mode which can be adopted and enforced by a court of Law, then there is no concluded Agreement. (Fry on Specific Performance, pp. 94-98). Now under the Lands Clauses Act, the Price may be said to be fixed immediately upon Notice served, on the principle of the maxim “id certum est quod certum reddi potest”. There can be no difficulty in finally ascertaining the price for the Act provides infallible machinery for that purpose. Hence the essential terms of the Statutory Contract are "fixed" ab initio. But a manifest distinction exists between the machinery supplied by the Lands Clauses Act to ascertain the Price.

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We Bundell's Lot The main question would seem to be, "Was the Contract complete as between Menon and Purchaser at the time of the withdrawal of the notice of resumption by the Government?" Whether the contract be a Statutory one (such as those under the Lands Clauses Act) or an ordinary Contract for the Sale of land, the ratio decidendi is the same. In a Contract for the sale of land, all the essential terms must be fixed. Price is an essential term and where this is neither ascertained nor ascertainable in a mode which can be adopted and enforced by a court of Law, then there is no concluded Agreement. (Fry on Specific Performance, pp. 94-98). Now under the Lands Clauses Act, the Price may be said to be fixed immediately upon Notice served, on the principle of the maxim “id certum est quod certum reddi potest”. There can be no difficulty in finally ascertaining the price for the Act provides infallible machinery for that purpose. Hence the essential terms of the Statutory Contract are "fixed" ab initio. But a manifest distinction exists between the machinery supplied by the Lands Clauses Act to ascertain the Price. Page 300 Page 301

Baseline (Original)

We Bundell's Lot The main question would seem to be." "Was the Contract complete as between Menon and Purchaser at the time of the withdrawal of the notice of resumption by the Government. Whether the contract be a Statutory one (such as those under the Lands Clauses Act) or an ordinary Contract for the Sale of land the ["ratis decidendi" is the same. _ In a a Contract for the sale of land all the exential terms must be fixed Price is an essential term and where this is neither ascertained nor ascertainable in a mode which can be adopted and 295- enforced by a court of Law, then there is us concluded Agreement. (Fry on Sfer: Perf: 94.98). Now unter the Lands Clauses Act the Price may be said to be fixed immediately, uhon Notice served, on the principle of the maxim “id certum est quod certum reddi protest. There can be be no difficully in finally C ascertaining the price for the Art provides infallible machinery for that purpose. Hence the exential terms of the Statuton, Contract are "fixed "ab initis." But a manifest distinction exists between the machinery supplied by the Lands Clauses act to ascertain the Price NDE Page 300Page 301 4

2026-05-20 02:57:40 · Baseline

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We Bundell's Lot

The main question would seem to be." "Was the Contract complete as between Menon and Purchaser

at the time of the withdrawal of the notice of resumption by the Government. Whether the contract be a Statutory one (such as those under the Lands Clauses Act) or an ordinary Contract for the Sale of land the ["ratis decidendi" is the same. _

In a

a Contract for the sale

of land all the exential terms must be fixed Price is an

essential

term and where this is neither ascertained nor ascertainable in a mode which can be adopted and

295-

enforced by a court of Law, then there is us concluded Agreement. (Fry

Sfer: Perf: 94.98). Now unter

the Lands Clauses Act the Price

may be said to be fixed immediately, uhon Notice served, on

the principle

of the maxim “id certum est quod certum reddi protest. There can

be no

difficully in finally

ascertaining the price for the Art provides infallible machinery for that purpose. Hence the exential terms of the Statuton, Contract are "fixed "ab initis." But a manifest distinction exists between the machinery supplied by the Lands

Clauses act to ascertain the Price

NDE

Page 300Page 301

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