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Tootal Clothing Ltd v Guinea Properties Management Ltd

Language: English Series: Rent Review & Lease Renewal ; 13(1) Autumn 1992, 76-80(5)Publication details: 1992Subject(s): Summary: CA 4 June 1992. It was agreed between claimant (T) and defendant (G) that T would carry out shop-fitting works and, on satisfactory completion G would pay T £30,000 towards the cost of the works. G refused to pay claiming that s2 of the Law Reform (Miscellaneous Provisions) Act 1989 rendered the agreement void. The judge accepted this contention and T appealed. It was "held" that section 2 was concerned with executory contracts and did not apply to the supplementary agreement between T & G as this was an agreement separate to, and distinct from, the lease itself.

CA 4 June 1992. It was agreed between claimant (T) and defendant (G) that T would carry out shop-fitting works and, on satisfactory completion G would pay T £30,000 towards the cost of the works. G refused to pay claiming that s2 of the Law Reform (Miscellaneous Provisions) Act 1989 rendered the agreement void. The judge accepted this contention and T appealed. It was "held" that section 2 was concerned with executory contracts and did not apply to the supplementary agreement between T & G as this was an agreement separate to, and distinct from, the lease itself.