Weekly review: 14th – 18th November

Chinese customary law

The sale of property by a Tso requires the consent of all of its members. The custom in Hong Kong is that the consent of the head of each fong is sufficient (unless there is active dissent by any other member) (Tang Kap Wing Tso v Tang Leuk Tso ).

Estoppel and guarantees

An oral guarantee is void because of the failure to supply the writing required by the Statute of Frauds (in England). In the absence of some additional assurance / detriment there can be no estoppel claim based on the oral agreement (Actionstrength Ltd v International Glass Engineering In.GL.en SpA).

Leases: certainty of term; contract

At common law, where a lease is for an uncertain term it takes effect as a lease for life. A failed attempt to create a lease can still have contractual effect (Mexfield Housing Co-operative Ltd v Berrisford).

Leases: certainty of term

There is certainty of term where there is a ‘permanent’ lease but some statutory limit on the duration of the lease (provided, presumably, this upper limit is consistent with the parties’ intentions) (Siew Soon Wah v Yong Tong Hong).

Proprietary estoppel

The expectation sets an upper limit on the relief (Matharu v Matharu).

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