There was no provision in the agreement, made in 1929, to supply water at all times hereafter, between the parties for a variation of the charges payable under the agreement, which had between 1929 and 1978 become derisory, being 1/20 of the current proper price.
Held: The agreement was terminable by reasonable notice. The words of the agreement were capable of meaning at all times hereafter during subsistence of this agreement and that they did not conclusively and inevitably declare perpetuity. They therefore did not have the effect that the agreement was intended to persist in perpetuity, as the trial judge had held that it did.
Judges:
Lord Denning MR, Goff LJ
Citations:
[1978] 1 WLR 138, [1978] 3 All ER 769
Cited by:
Cited – Islwyn Borough Council and Another v Newport Borough Council CA 28-Jun-1993
Three local authorities disputed whether a contract had been made between them, and if so its terms, as to the financial support of a leisure centre.
Held: Later legislation need not frustrate agreement between the parties.
Hirts LJ said: . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 11 May 2022; Ref: scu.554410