CPO s.3(1) and res iudicata

In Humphries v Humphries ([1910] 2 K.B. 531, CA (Eng)) L agreed to grant T a fourteen year lease of a house but there was no written contract or memorandum complying with section 4 of the Statute of Frauds (the equivalent of section 3(1) of the Conveyancing and Property Ordinance). T denied the existence of the contract in an action for rent arrears but did not plead the Statute of Frauds. L succeeded. T fell into arrears again and L brought proceedings. This time, T sought to rely on the Statute of Frauds but was not allowed to do so:

‘It may well be expedient to avoid the risk of fraud and perjury when there is no written evidence of a contract relating to land, by refusing to allow any evidence of such a contract to be given; but where the evidence has actually been taken and the contract has been proved by parol to the satisfaction of the Court, the reason for refusing it has disappeared, and a refusal to allow the contract to be sued upon would be an encouragement to dishonesty without any corresponding advantage to the public.’ (537, Farwell L.J.)

Michael Lower


One Response to “CPO s.3(1) and res iudicata”

  1. redshylock Says:

    Interesting, but not as interesting as the episode where Sir Humphrey drafted the lease without notice it is in Scottish law.

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