000 01465cab a2200205 4500
001 ABS38005
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u8027
041 _aeng
245 _aWorboys v Carter and Another
260 _c1987
350 _a0
490 _aEstates Gazette
_v283(6343) 18 July 1987, 307-314(5)
520 _aCA 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.
650 _aPROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
650 _aASSIGNMENT
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c4889
_d4889