单词 | Subject to finance |
释义 | 以取得融資為準 A phrase sometimes found in agreements for the sale of land, from which it is inferred that the parties intend to be immediately bound by the contract, but that the obligation to pay the price of the land has been postponed until finance can be arranged. The phrase can be a clause in a conditional contract. The purpose of this clause is to protect the purchaser against liability for breach of contract of sale if he is unable to obtain finance to complete: Zieme v Gregory [1963] VR 214. See also Condition precedent; Condition subsequent; Conditional contract; Contract of sale; Subject to; Subject to contract. 在土地售賣協議有時見到的詞,並由此可推定雙方的用意為立即受合約所約束,唯支付土地價格的義務則延展至融資安排後:Meehan v Jones (1982) 56 ALJR 813。此詞可以是附條件合約的條款。此條款的目的為在買方不能取得融資而完成合約時,針對違約的法律責任保護買方:Zieme v Gregory [1963] VR 214。另見 Condition precedent; Condition subsequent; Conditional contract; Contract of sale; Subject to; Subject to contract。 |
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