A reversioner can grant rights in respect of covenants in the lease which bind reversioners by way of a collateral contract. When a person makes a representation intending that another should act on it: ‘It is no answer for the maker to say: ‘You would have gone on with the transaction anyway’. That must be mere speculation. No one can be sure what he would, or would not, have done in a hypothetical state of affairs which never took place . . Once it is shown that a representation was calculated to influence the judgment of a reasonable man, the presumption is that he was so influenced.’
Lord Denning MR brushed aside an entire agreement clause, observing that ‘the cases are legion in which such a clause is of no effect in the face of an express promise or representation on which the other side has relied.’
Lord Denning MR
[1979] QB 467
England and Wales
Citing:
Cited – Evans and Son (Portsmouth) Ltd v Andrea Merzario Ltd CA 1976
The defendants had carried previously goods aboard ship for the plaintiffs. This time, they were asked for and gave an oral re-assurance to the plaintiffs that the goods would be carried below deck. This did not happen and the goods were swept . .
Cited by:
Doubted – Rock Advertising Ltd v MWB Business Exchange Centres Ltd SC 16-May-2018
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 July 2021; Ref: scu.235525 br>