Taylor v Hamer, 31 July, 2002 (Court of Appeal).

The majority of the Court of Appeal held that a seller was in breach of contract because, before exchange of contracts, she had removed flagstones from a garden area of the property, without having advised the buyer.

The Court of Appeal held that the case fell outside the caveat emptor paradigm because the seller had, by her conduct, invited an offer for the property having represented it to include the flagged garden.