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Law of Property Act 2000
72AComputer failure
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72A Computer failure
(1) This section applies to a contract for the sale of land if:
(a) the contract is entered on or after the commencement of this
section; and
(b) time is of the essence for the contract; and
(c) the purchaser cannot verify the vendor's title to the land on the
date of the completion of the contract only because of a failure
(the computer failure) of the computer system at the Land
Titles Office; and
(d) as a result, the contract is not completed on that date.
(2) Subject to any contrary provision in the contract:
(a) time ceases to be of the essence for the contract; and
Law of Property Act 2000 43
(b) the contract is not breached because of the failure to complete
the contract; and
(c) a party to the contract may give notice, for the completion of
the contract, after the first day during which the computer
system is again operational continuously following the
computer failure; and
(d) the notice must state a period not exceeding 7 business days
from the giving of the notice for the completion of the contract;
and
(e) when the notice is received by the other party to the contract,
time is of the essence again for the contract.
(3) To avoid doubt, this section may apply more than once for the