首页
登录
职称英语
In January, 1992, Wang rented a house for three years at a monthly rent of $1,0
In January, 1992, Wang rented a house for three years at a monthly rent of $1,0
游客
2025-06-21
20
管理
问题
In January, 1992, Wang rented a house for three years at a monthly rent of $1,000. Wang became unemployed in August, 1992 and wanted to move out. Jone then orally agreed to reduce the monthly rent to half. In January, 1993 Wang was informed to pay the amount of rent he had paid before.
Could Wang insist on paying the half rent until expiration of the contract?
Give reasons for your answer.
选项
答案
It is a general rule in common law that a contractural promise is may legally binding if it is made in return for another promise or an act. Otherwise, the promisor shall not be bound by his promise.
Aiming to prevent unfair consequence due to withdrawing of the promise by promisor at some situations, the doctrine of equitable estoppel or promissory was developed: a promise made by the promisor intended to create legal relations and to be acted upon by the promisee, may be enforced by the promisee, despite that he gave no consideration for it, if in fact he relied upon it to his detriment. The promisor is prevented (estopped) from denying his promise.
The court applies this doctrine only when the following has been proved:
(i) he has altered his position by relying on the promise; and
(ii) his former position cannot be resumed.
In Hirachand Punamchand v. Temple (1911), where the defendant was indebted to the plaintiff moneylenders. His father wrote to them offering to pay part of his son’s debt in satisfaction of the whole, and enclosing a cheque for the sum offered. The plaintiff cashed the cheque, then sued the son for the balance. It was held that their claim failed, they must be deemed to have accepted the cheque in full satisfaction.
(Other cases like: Central London Property Trust Ltd. v. High House Ltd., 1947; Ajayi v. Briscoe Ltd. 1964 are also accepted)
If we apply these principles to this problem, Wang had altered his position, not moving out by paying a sum of remedy for termination of their contract but to keep it due to relying on Jone’s promise of reducing to half of the rent, and this situation could not be resumed. Therefore, applying consideration hero would be unfair to Wang.
Wang could apply for equitable remedy of the doctrine of estoppel, and only pay the half rent until the expiration of the contract.
解析
转载请注明原文地址:http://tihaiku.com/zcyy/4128226.html
相关试题推荐
At1January2003,thebalanceofBillyCompany’sProvisionforBadDebtsis$5,
TheassetsandliabilitiesoftheMusicClubon1January2002wereasfollows:
ABCSportacquiredequipmentatacostof$200,000on1January2003.Theasset
Inordertocalculatethemonthlypaymentsonyourloan,thebankaddstheinter
YTMmeans______.A、yearstomaturityB、yieldtradedmonthlyC、yieldtomaturityD
SupposethecurrentGBP/USDspotrateis55onJanuary1st.Byyear-end,theU.S
[originaltext]Somebanksofferothertypesofloansrepayablebymonthlyin
[originaltext]Somebanksofferothertypesofloansrepayablebymonthlyin
[originaltext]Somebanksofferothertypesofloansrepayablebymonthlyin
[originaltext]Somebanksofferothertypesofloansrepayablebymonthlyin
随机试题
[originaltext]Beethovenprobablybegantogodeafin1797,buthetriedto
Advertisingisaformofselling.Forthousandsofyearstherehavebeenind
在进行潮流计算时,各节点所给定的负荷功率值严格地讲只有在预定的电压下才有意义()
质权包括( )。A.动产质权 B.不动产质权 C.权利质权 D.约定质权
某男患者,65岁。患胃癌四年,晚期,已失去手术治疗价值,生命垂危。家属再三恳求医
按假药论处的情况是A.更改有效期的B.未标明有效期的C.不注明或更改生产批号的D
蛛网膜下腔阻滞后去枕平卧的时间应为A.2~4小时 B.4~6小时 C.6~8
某交易者买入5手天然橡胶期货合约,价格为38650元/吨,价格升至38670元/
某省政府所在地的市政府制定的规章规定不适当,下列哪些主体可以予以撤销?()A.
会计职业道德允许个人和各经济主体获取合法的自身利益,但反对损害国家和社会公众利益
最新回复
(
0
)