Symes v Couch [1978] JLR 119 (27 July 1978)
- Citation
- [1978] JLR 119
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court recognized the doctrine of part performance, holding that reliance by the plaintiff on an oral promise justified ordering the defendant to implement the contract of sale.
Court disposition
contract enforced
Orders
- Defendant ordered to implement contract of sale
02
Material facts
Parties
Symes
PlaintiffCouch
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the doctrine of part performance applies to enforce an oral contract for sale
- 02
Whether reliance by plaintiff on oral promise justifies ordering defendant to implement contract
Party arguments
- Applicant
- Plaintiff relied on an oral promise and seeks enforcement of the contract of sale under the doctrine of part performance.
- Respondent
- Defendant contests enforceability of the oral contract and applicability of part performance.
05
Court’s reasoning
Legal principles
- 01
Jersey Royal Court jurisprudence
The Royal Court has general equitable jurisdiction to recognize the doctrine of part performance.
06
Ratio, limits and disposition
Ratio decidendi
The court recognized the doctrine of part performance, holding that reliance by the plaintiff on an oral promise justified ordering the defendant to implement the contract of sale.
Court disposition
contract enforced
- Defendant ordered to implement contract of sale
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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