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
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Parties
Symes
Plaintiff
Couch
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the doctrine of part performance applies to enforce an oral contract for sale
- 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
Full Case Text
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