Liability of surety
Language: English Series: EGCS ; 1991 1 (26/1/91)Publication details: 1991Subject(s): Summary: In Cerium Investment Ltd v Evans and another , CA 18 January 1991, it was held that the word ` void ` in clause 4 of a licence giving consent to the assignment of a lease , means voidable at the option of the plaintiff therefore licenses should be construed as meaning that if either of the two conditions was not fulfilled the licenses were voidable at the option of the plaintiff; the plaintiff had not exercised that option. The clause had been inserted for the benefit of the appellant lessor who was entitled to waive compliance with the condition either expressly or by conduct.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| News article | London News article | WB2705-43 (Browse shelf(Opens below)) | 1 | Available | 62907-1001 |
In Cerium Investment Ltd v Evans and another , CA 18 January 1991, it was held that the word ` void ` in clause 4 of a licence giving consent to the assignment of a lease , means voidable at the option of the plaintiff therefore licenses should be construed as meaning that if either of the two conditions was not fulfilled the licenses were voidable at the option of the plaintiff; the plaintiff had not exercised that option. The clause had been inserted for the benefit of the appellant lessor who was entitled to waive compliance with the condition either expressly or by conduct.