There is no implied condition of fitness for purpose in the grant of a lease.
Devlin J said: ‘It is the business of the tenant, if he does not protect himself by an express warranty, to satisfy himself that the premises are fit for the purpose for which he wants to use them, whether that fitness depends upon the state of their structure, the state of the law, or any other relevant circumstances.’
As to the North-Western Salt case: ‘That case, I think, authorizes four propositions; first, that, where a contract is ex facie illegal, the court will not enforce it whether the illegality is pleaded or not; secondly, that, where, as here, the contract is not ex facie illegal, evidence of extraneous circumstances tending to show that it has an illegal object should not be admitted unless the circumstances relied on are pleaded; thirdly, that, where unpleaded facts, which taken by themselves show an illegal object, have been revealed in evidence (because, perhaps, no objection was raised or because they were adduced for some other purpose), the court should not set on them unless it is satisfied that the whole of the relevant circumstances are before it; but, fourthly, that, where the court is satisfied that all the relevant facts are before it and it can see clearly from them that the contract had an illegal object, it may not enforce the contract, whether the facts were pleaded or not.’
Devlin J
[1950] 1 KB 359, [1949] 2 All ER 692
England and Wales
Citing:
Explained – North-Western Salt Co Ltd v Electrolytio Alkali Company 1914
. .
These lists may be incomplete.
Updated: 09 July 2021; Ref: scu.223977
