Facts: The plaintiffs carried on the business of a garage and petrol filling station. In 1969 the plaintiffs were in financial difficulties and subject to a contract whereby they had to accept petrol supplies exclusively from the defendants. Contrary to the independent advice of their solicitors, the plaintiffs entered into a transaction with the defendants whereby the plaintiffs granted a lease of their property to the defendants at a peppercorn rent plus a lump sum of £35,000, representing the market value of the lease. As part of the agreement, the defendants granted a lease-back of the property to the plaintiffs for 21 years at a rent of £2,250 per annum, subject to a right to terminate after seven or fourteen years and requiring the plaintiffs to accept all the petrol for their business from the defendants. With the plaintiffs' concurrence the defendants converted the property into a self-service filling station at a cost of £19,000. In 1979, the plaintiffs claimed a declaration that the transaction was voidable for duress (amongst other claims). It was held that there was no duress.
Answer
Alec Lobb (Garages) Ltd. and Others v Total Oil Great Britain Ltd. [1983] 1 WLR 87
Tags
#consideration #contract
Question
Facts: The plaintiffs carried on the business of a garage and petrol filling station. In 1969 the plaintiffs were in financial difficulties and subject to a contract whereby they had to accept petrol supplies exclusively from the defendants. Contrary to the independent advice of their solicitors, the plaintiffs entered into a transaction with the defendants whereby the plaintiffs granted a lease of their property to the defendants at a peppercorn rent plus a lump sum of £35,000, representing the market value of the lease. As part of the agreement, the defendants granted a lease-back of the property to the plaintiffs for 21 years at a rent of £2,250 per annum, subject to a right to terminate after seven or fourteen years and requiring the plaintiffs to accept all the petrol for their business from the defendants. With the plaintiffs' concurrence the defendants converted the property into a self-service filling station at a cost of £19,000. In 1979, the plaintiffs claimed a declaration that the transaction was voidable for duress (amongst other claims). It was held that there was no duress.
Answer
?
Tags
#consideration #contract
Question
Facts: The plaintiffs carried on the business of a garage and petrol filling station. In 1969 the plaintiffs were in financial difficulties and subject to a contract whereby they had to accept petrol supplies exclusively from the defendants. Contrary to the independent advice of their solicitors, the plaintiffs entered into a transaction with the defendants whereby the plaintiffs granted a lease of their property to the defendants at a peppercorn rent plus a lump sum of £35,000, representing the market value of the lease. As part of the agreement, the defendants granted a lease-back of the property to the plaintiffs for 21 years at a rent of £2,250 per annum, subject to a right to terminate after seven or fourteen years and requiring the plaintiffs to accept all the petrol for their business from the defendants. With the plaintiffs' concurrence the defendants converted the property into a self-service filling station at a cost of £19,000. In 1979, the plaintiffs claimed a declaration that the transaction was voidable for duress (amongst other claims). It was held that there was no duress.
Answer
Alec Lobb (Garages) Ltd. and Others v Total Oil Great Britain Ltd. [1983] 1 WLR 87
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Open it Alec Lobb (Garages) Ltd. and Others v Total Oil Great Britain Ltd. [1983] 1 WLR 87
Facts: The plaintiffs carried on the business of a garage and petrol filling station. In 1969 the plaintiffs were in financial difficulties and subject to a contract whereby they had to
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