Faulkner v Public Works Cttee. [1983] JLR 71 (27 October 1983)

Faulkner v Public Works Cttee. [1983] JLR 71 (27 October 1983)

A lessor who, after a breach of conditions in a promesse de bail, submits the lease to the lessee waives the breach and cannot refuse to proceed on the original terms.

Citation
[1983] JLR 71
Parties
Lessee: Faulkner; Lessor: Public Works Committee
Jurisdiction
Jersey
Judgment Date
27 October 1983
Procedural Posture
Civil / Judgment
Outcome
lessor precluded from refusing to proceed with lease
Legal Topics
Promesse De Bail, Breach of Conditions, Waiver, Execution of Lease
Landlord and Tenant Promesse De Bail Breach of Conditions Waiver Execution of Lease

Case Brief

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Parties

Faulkner

Lessee

Public Works Committee

Lessor

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the lessor can refuse to proceed with the lease due to breach of conditions in the promesse de bail after submitting the lease to the lessee

Ratio Decidendi

A lessor who, after a breach of conditions in a promesse de bail, submits the lease to the lessee waives the breach and cannot refuse to proceed on the original terms.

Court Disposition

lessor precluded from refusing to proceed with lease