Essay on Light Of The High Trees Case

1813 Words Jan 25th, 2016 null Page
In light of the High Trees case this case introduced a new doctrine, estoppel, into the legal system and begged us to question whether consideration, as an essential element of the formation of a contract has reached its twilight years. In respect to all but a few cases, the general response is to do away with the doctrine of consideration. As we look closer into the Central London Pty v High Trees case it becomes evident that the justice system may need some updating and or amending.
The Case
The case was based in London (Clapham) in 1940 during World War II, where a landlord was not able to lease all of his flats due to the hardship of war throughout that time, Central London Pty (CLP) agreed to reduce the ground rent by 50%. Occupants then paid $1250 per annum. This agreement was in written form but did not specify the time for which High Trees reduced rental costs would apply.
By 1945, the flats were back at full occupancy. At the same time CLP had gone into receivership so had demanded the full rent from High Trees from June 1945 onwards. They intended to sue High Trees for payment of full rental costs of $2500.
When High Trees initially approached CLP in relation to their hardship, consideration was granted. Consideration is an important element of a contract; both parties must reach a binding agreement for a contract to be enforceable. One party asks for a certain price in exchange for their promise. The first agreement formed with High Trees case was an…

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