首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
In January, 1992, Wang rented a house for three years at a monthly rent of $1,000. Wang became unemployed in August, 1992 and wa
In January, 1992, Wang rented a house for three years at a monthly rent of $1,000. Wang became unemployed in August, 1992 and wa
admin
2011-01-16
54
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:https://kaotiyun.com/show/OtYd777K
0
中级(法律)
原金融专业英语(FECT)
金融英语(FECT)
相关试题推荐
A、Becauseshewasveryrich.B、Becauseshewrotethemloveletters.C、Becauseshewasbothkindandbeautiful.C
It’stimetoplaygames.______yoursportsshoes,please.
[A]year[B]winter[C]summer[D]passport[E]umbrella[F]medicine[G]newspaperItisthetimefromJanuarytoDecember.
ThenightbeforeIwastohavesurgery(手术),Jeremy,mynine-year-oldson,becameworried."Iamworried【C1】______you,Mom.
ThenightbeforeIwastohavesurgery(手术),Jeremy,mynine-year-oldson,becameworried."Iamworried【C1】______you,Mom.I
ThenightbeforeIwastohavesurgery(手术),Jeremy,mynine-year-oldson,becameworried."Iamworried【C1】______you,Mom.I
Whichofthefollowingstatementsisnotconsistentwithgenerallyacceptedaccountingprinciplesrelatingtoassetvaluation?__
Thestrengthsofmonetarypolicycomparedtofiscalpolicyaregenerallythoughttoincludeallofthefollowingexceptgreater_
BythetimetheFDAdiscovereditsillegalproduction,thetobaccocompany____severalyearstodevelopnewnarcotictobaccopro
AccordingtoexistingBritishandU.S.drug_____,despitethenegativeinfluence,alcoholandtobaccoarestilllegal.
随机试题
下列____________图像文件格式大量用于扫描仪和桌面出版。
A.K+B.Na+C.Ca2+D.CI-与神经纤维动作电位复极相有关的离子主要是
瘀血疼痛的特点
当一个会计周期结束后,对当期的销售收入、销售成本进行自动汇总并生成结转单的业务是( )。
某期货公司拟聘请张某为期货公司的首席风险官,对张某的提名和聘任,下列说法中错误的是()。
人们对自己能否成功地从事某一行为的主观判断称为()。
以鸟类迁徙为话题的纪录片《迁徙的鸟》向我们完美展示了一个自然界的奇迹,虽然大部分地表被人类改造得_________,但在天空中鸟儿仍然是主角。无论雪鹅、野鸭还是云雀,都自有尊严。“我们需要与自然界和平相处,因为人类不可能_________地生活在这个地球上
关于演员认证,大家最为熟悉的莫过于“一级演员”这个称谓,而“一级演员”的评选,有一个主要考量标准是,“为繁荣中国的文艺事业作出了突出贡献”,这样的考量标准本身也是含糊的。另据相关资料显示,把“一级演员”称为“国家一级演员”只是习惯使然,在职称前面冠以“国家
某公司普通股目前的股价为10元/股,筹资费率为8%,刚刚支付的每股股利为2元,股利固定增长率3%,则该企业利用留存收益的资金成本为()。
工作的时候,我不想去打扰他们。
最新回复
(
0
)