Aga Khan v. Firestone [1991] IEHC 3; [1992] ILRM 31 (25th July, 1991)

Aga Khan v. Firestone [1991] IEHC 3; [1992] ILRM 31 (25th July, 1991)

A binding verbal contract was concluded between Aga Khan and Firestones on 27 November 1989, confirmed by the letter of 1/4 December 1989, which satisfied the Statute of Frauds. Akazawa's first refusal option was voluntary, unsupported by consideration, and unenforceable. The right of first refusal did not constitute an interest in land. Aga Khan is entitled to specific performance; Akazawa is entitled to damages only.

Citation
[1992] ILRM 31
Parties
Plaintiff: Karim Aga Khan; Defendant: Bertram R. Firestone; Defendant: Diana M. J. Firestone; Plaintiff: Yoshika Akazawa
Jurisdiction
Ireland
Procedural Posture
Civil / High Court Judgment
Outcome
Aga Khan's claim for specific performance granted; Akazawa's claim for specific performance denied; Akazawa entitled to damages.
Legal Topics
Specific Performance, Statute of Frauds, First Refusal Option, Consideration, Damages
Contract Law Property Law Specific Performance Statute of Frauds First Refusal Option Consideration Damages

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Parties

Karim Aga Khan

Plaintiff

Bertram R. Firestone

Defendant

Diana M. J. Firestone

Defendant

Yoshika Akazawa

Plaintiff

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether a verbal contract for sale of land was concluded between Aga Khan and Firestones on 27 November 1989
  2. 2 Whether the letter of 1/4 December 1989 constitutes a sufficient note or memorandum under the Statute of Frauds
  3. 3 Whether Akazawa's first refusal option is enforceable

Ratio Decidendi

A binding verbal contract was concluded between Aga Khan and Firestones on 27 November 1989, confirmed by the letter of 1/4 December 1989, which satisfied the Statute of Frauds. Akazawa's first refusal option was voluntary, unsupported by consideration, and unenforceable. The right of first refusal did not constitute an interest in land. Aga Khan is entitled to specific performance; Akazawa is entitled to damages only.

Court Disposition

Aga Khan's claim for specific performance granted; Akazawa's claim for specific performance denied; Akazawa entitled to damages.

Orders

  • Order for specific performance of contract in favour of Aga Khan against Firestones.
  • Closing date for contract fixed at six months from judgment date.