Example sentences of "[conj] to time " in BNC.

  Next page
No Sentence
1 Welsh parents attach considerable importance to privacy and to time away from the work of child care , for either work outside the home or leisure activities .
2 Common Law would treat a provision in a contract as to time as being ‘ of the essence of the contract ’ , meaning that if a certain act was not done by one party within a certain stipulated time , he should lose all rights under the contract ; Equity treated such a provision in general as not being of the essence of the contract , but as giving a right only to damages .
3 Stipulations as to time
4 Then if there is a stipulation as to the time by which the buyer must make his nomination , that stipulation as to time relates to delivery and will be ‘ of the essence , ’ Bunge Corporation v. Tradax ( 1981 H.L. ) .
5 Reference was made to Gloag on Contract ( 2nd edn ) , pp 617 and 618 , which respectively state : ‘ Stipulations as to time of payment are not treated as material conditions of the contract , except in very special cases ’ , and , ‘ [ The ] question is whether the conduct of the party in default is such as to indicate that he intends to repudiate his contractual obligations . ’
6 Stipulations in a contract , as to time or otherwise , which according to rules of equity are not deemed to be of the essence of the contract , are construed at law in accordance with the same rules ( Law of Property Act 1925 , s41 ) .
7 After a flurry of litigation it is now settled that stipulations as to time in a rent review clause are prima facie not of the essence ( United Scientific Holdings Ltd v Burnley BC [ 1977 ] 2 All ER 62 ) ; nor is an obligation to prepare service charge accounts ( West Central Investments Ltd v Borovik ( 1977 ) 241 EG 609 ) .
8 On the other hand , as Lord Salmon observed in United Scientific Holdings Ltd v Burnley BC [ 1978 ] AC 904 : I would add that a well-advised landlord is hardly likely to agree to rent revision clause which laid down that its provisions as to time were of the essence of the contract .
9 The relationship between waiver and equitable estoppel is obvious , as Denning LJ pointed out in Charles Rickards Ltd v Oppenheim [ 1950 ] 1 KB 616 ( at p623 ) : If the defendant , as he did , led the plaintiffs to believe that he would not insist on the stipulation as to time , and that , if they carried out the work , he would accept it , and they did it , he could not afterwards set up the stipulation as to the time against them .
  Next page