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Contract ” instalment sale ” cancellation by seller for failure to pay instalment ” notice of ” period of notice required interms c of Contractual Penalties Act
If the buyer of land under an instalment sale breaches the contract by non-payment of instalments, the seller is obliged by s 8(1) of the Contractual Penalties Act [Chapter 8:04] to give the buyer thirty days' written notice of his intention to terminate the sale unless the breach of contract is remedied by the buyer or, if a period of notice is specified in the contract and this period is longer than thirty days, the longer period of notice must be given.
In the present case, the period of notice specified in the contract was fourteen days, so the seller of land under an instalment sale was obliged to give the buyer thirty days' notice of this intention to terminate the contract unless the breach was remedied. Section 11 of the Contractual Penalties Act provides that any waiver of this entitlement to notice is of no force or effect.
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