
英国合同法案例 帮忙分析一下 急用 跪谢了!!! 5
arthurrentsahousetohisfriendbrianfor400amonthinJanuary.inMay,hearingthatBrianisinfina...
arthur rents a house to his friend brian for 400 a month in January .in May, hearing that Brian is in financial difficulty, Arthur offers to reduce the rent to 250 'until things pick up for you again'. in October ,Cathy ,Brian's wife ,is left 20000 by her uncle. in December ,arthur finds out about this windfall and asks for full rent from October onwards.
展开
2个回答
展开全部
It's quite similar to this case: Central London Property Trust Ltd v High Trees House Ltd (1947)
Although part-payment of debt do not constitute a sufficient consideration, in High trees case, the claimant agreed to halve the ground rent to 1250 when wartime conditions rendered the flats empty. once this ended, the claimant was again entitled to full rent. Court held that acoording to promissory estoppel, the claimant can not recover the full rent that period but after that, he should. In this case at hand, Arthur promised Brian a reduction in rent when Brian is in financial defficulty, but from Oct onwards, this situation is off. Therefore, Arthur could claim to recover full rent from Oct onwards.
Although part-payment of debt do not constitute a sufficient consideration, in High trees case, the claimant agreed to halve the ground rent to 1250 when wartime conditions rendered the flats empty. once this ended, the claimant was again entitled to full rent. Court held that acoording to promissory estoppel, the claimant can not recover the full rent that period but after that, he should. In this case at hand, Arthur promised Brian a reduction in rent when Brian is in financial defficulty, but from Oct onwards, this situation is off. Therefore, Arthur could claim to recover full rent from Oct onwards.
本回答被网友采纳
已赞过
已踩过<
评论
收起
你对这个回答的评价是?
2012-06-03
展开全部
2850
已赞过
已踩过<
评论
收起
你对这个回答的评价是?
推荐律师服务:
若未解决您的问题,请您详细描述您的问题,通过百度律临进行免费专业咨询
您可能需要的服务
百度律临官方认证律师咨询
平均3分钟响应
|
问题解决率99%
|
24小时在线
立即免费咨询律师
11399人正在获得一对一解答
南昌湖上倒影2分钟前提交了问题
昆明彩云之南5分钟前提交了问题
贵阳山水情深1分钟前提交了问题