Worboys v Carter and Another
Language: English Series: Estates Gazette ; 283(6343) 18 July 1987, 307-314(5)Publication details: 1987Subject(s): Summary: CA 26 February 1987. Appeal by tenant farmer(C) from decision favouring the respondent(W) following W`s application for summary judgment for specific performance of a contract to assign a farm tenancy. C claimed that the second defendant firm of land agents who had entered into the contract on the tenant`s behalf had no authority to do so. ChD ordered specific performance on the ground that, though the land agent misunderstood the position and had no authority to enter into a contract to assign, the tenant`s conduct amounted to ratification of the contract. CA affirmed this decision, but it was clear on the evidence that though the tenant had done nothing to repudiate the contract, he was unhappy about it and indicated he was unwilling to perform it. CA found the tenant was under a duty to disclose the position to the proposed assignee; as he failed to do so he was in breach of his duty. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38005 (Browse shelf(Opens below)) | 1 | Available | 8027-1001 |
CA 26 February 1987. Appeal by tenant farmer(C) from decision favouring the respondent(W) following W`s application for summary judgment for specific performance of a contract to assign a farm tenancy. C claimed that the second defendant firm of land agents who had entered into the contract on the tenant`s behalf had no authority to do so. ChD ordered specific performance on the ground that, though the land agent misunderstood the position and had no authority to enter into a contract to assign, the tenant`s conduct amounted to ratification of the contract. CA affirmed this decision, but it was clear on the evidence that though the tenant had done nothing to repudiate the contract, he was unhappy about it and indicated he was unwilling to perform it. CA found the tenant was under a duty to disclose the position to the proposed assignee; as he failed to do so he was in breach of his duty. Appeal dismissed.