Wash. Court of Appeals published opinion — 361896_pub.pdf

Citation: Wash. Court of Appeals published opinion — 361896_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/361896_pub.pdf ↗

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393 P.2d 943 (1964). In order to avoid the harshness of forfeitures and the hardship that

often results from strict enforcement of contract terms, courts frequently grant a period of

grace to a purchaser before a forfeiture will be decreed. Pardee v. Jolly, 163 Wn.2d 558,

574, 182 P.3d 967 (2008). Whether a grace period is warranted depends on the equities

in each particular case. Moeller v. Good Hope Farms, Inc., 35 Wn.2d 777, 783, 215 P.2d

7
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 36189-6-III
Borton & Sons, Inc. v. Burbank Properties, LLC (dissent)

425 (1950). Whether or not an equitable grace period is appropriate depends on the facts

and circumstances of a case, and is largely within the discretion of the trial court. Pardee

v. Jolly, 163 Wn.2d at 575 (2008); Heckman Motors, Inc. v. Gunn, 73 Wn. App. 84, 88,

867 P.2d 683 (1994).

In determining whether to grant a grace period, Washington courts review five

factors identified and applied in Wharf Restaurant, Inc. v. Port of Seattle, 24 Wn. App.

601 (1979). Those elements are:

(1) the failure to give notice was purely inadvertent, (2) an
inequitable forfeiture would have resulted without the equitable relief,
(3) the failure to give timely notice did not prejudice or change the position
of the other party, (4) the lease was for a long term and (5) there was no
undue delay in giving notice.

Cornish College of the Arts v. 1000 Virginia Ltd. Partnership, 158 Wn. App. at 218

(2010). Not all five of these circumstances need be present in every case in which an

equitable grace period is granted. Cornish College of the Arts v. 1000 Virginia Ltd.

Partnership, 158 Wn. App. at 218. Indeed, such an inflexible approach would be