Flowers and 1 Other v Vescio and 2 Others

The appeal in *Flowers and 1 Other v Vescio and 2 Others* concerned a dispute arising from a contract that settled prior litigation between the parties. The central issue was whether the appellants were entitled to recover a specified sum of money under this settlement contract, which had allegedly been repudiated by the respondents. The contract's primary purpose, whether to settle litigation or facilitate an uncompleted sale, was a key point of contention, as was the timing of any obligation to transfer property under its terms.

The court was required to determine whether the appellants had an accrued right to payment of the specified sum before the contract was repudiated and that repudiation accepted. This involved considering the effect of the appellants' own failure to complete the sale, despite claiming to be ready, willing, and able to do so. The court also had to grapple with competing contractual principles regarding the recovery of damages for breach, particularly in light of the distinction between damages for loss of bargain and the recovery of a stipulated sum. Furthermore, the meaning of the word "upon" in the context of payment and the distinction between an accord executory and an accord predicated on the performance of a promised act were relevant considerations.

The court ultimately dismissed the appeal, finding that the appellants were not entitled to recover the specified sum. The reasoning likely centred on the interpretation of the settlement contract and the appellants' failure to establish an accrued right to payment prior to the alleged repudiation. The court's decision implicitly favoured an interpretation where the uncompleted sale was not merely incidental but a condition precedent to the appellants' right to claim the sum, or that the appellants' own conduct prevented them from asserting such a right. The court ordered that the appeal be dismissed with costs, with the appellants to pay the respondents' costs and to be entitled to a certificate under the Suitors Fund Act, if qualified.