Dibbins v Dibbins (1896)

Facts

  • The claimant, of unsound mind, purported to ratify the act of a solicitor in exercising his option to purchase his late partner’s share in their partnership outside of the 3 month limitation period following his partner’s death, although the solicitor’s act had taken place within the limitation period

Issue

  • Could the option be exercised?

Decision

  • No

Reasoning

  • Ratification will not be effective when time is of the essence
RELATED CASE  Kelly v Fraser [2012]

Posted in Commercial Law Revision Notes.

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