Is it still good law? ⚠️ This case has negative treatment (1 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[1973] AC 691
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…f warranty is not free from doubt. Specific performance is an equitable and a discretionary remedy. As Lord Wilberforce stated in Shiloh Spinners Ltd v Harding [1973] AC 691 at 723: “it remains true today that equity expects men to carry out their bargains and will not let them buy their way out by uncovenanted payment.” This leads…”
“…ink, did his colleagues in Billson. Nor, in my judgment, is the proposition consistent with the decision of the House of Lords in Shiloh Spinners Ltd v Harding [1973] AC 691. In that case Lord Wilberforce discussed the breadth of the equitable jurisdiction to relieve against forfeiture. At 724 he said:…”
“… their paths diverged over the years. Lord Wilberforce surveyed the practice of Courts of Equity to relieve against forfeiture in Shiloh Spinners Ltd v Harding [1973] AC 691. In that case he said at 722:…”
“…eath. In DL v A Local Authority, Davis LJ referred to the ‘ordinary rule of statutory interpretation’, citing Lord Wilberforce in Shiloh Spinners Ltd v Harding [1973] AC 691 at p.725:…”