Symes v Couch [1978] JLR 119 (27 July 1978)

Symes v Couch [1978] JLR 119 (27 July 1978)

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.

Citation
[1978] JLR 119
Parties
Plaintiff: Symes; Defendant: Couch
Jurisdiction
Jersey
Judgment Date
27 July 1978
Procedural Posture
Civil / Judgment
Outcome
contract enforced
Legal Topics
Part Performance, Oral Contract, Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Symes

Plaintiff

Couch

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the doctrine of part performance applies to enforce an oral contract for sale
  2. 2 Whether reliance by plaintiff on oral promise justifies ordering defendant to implement contract

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

Orders

  • Defendant ordered to implement contract of sale