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Pitt v PHH Asset Management Ltd
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Pitt v PHH Asset Management Ltd : ウィキペディア英語版
Pitt v PHH Asset Management Ltd

''Pitt v PHH Asset Management Ltd'' () 1 WLR 327 is an English contract law case, which confirmed the enforceability of lockout agreements.
==Facts==
In Parsonage Lane, Chelsworth, Suffolk, is a residence known as "The Cottage". PHH Asset Management Ltd were undisclosed agents of mortgagees, who were selling The Cottage for £205,000. Mr Pitt and Miss Buckle put in competing bids. Mr Pitt bid £200,000, which PHH accepted ‘subject to contract’. Miss Buckle then increased her bid to £210,000. PHH withdrew its acceptance of Mr Pitt.
Mr Pitt threatened to sue for an injunction, to compel transfer of the cottage to him (it was noted in the Court of Appeal that this probably would have not succeeded, and just caused nuisance). So PHH agreed to sell to him and said they would consider no further offers. This is known as a "lock out agreement". But then, PHH sold to Miss Buckle anyway. Mr Pitt sued. PHH argued in its defence, there was no consideration to not consider further offers (for the lock out agreement), because Mr Pitt had only promised to be ready, willing and able to proceed with exchange of contracts, and he was already obliged to do that.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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