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(i) Notice: applies to leases for undefined duration.
(ii) Effluxion of time or expiration of time.
(iii) Forfeiture –under the forfeiture clause or breach.
(iv) Surrender –to the immediate landlord.
(v) Merger –tenant acquires the reversion, the lease and reversion must be vested in the
same person.
(vi) Enlargement –a lease may enlarge to a fee simple if the tenant executes a deed
of enlargement.
(vii) Becoming a satisfied term: if a lease is granted as a security for the payment of money,
the term becomes satisfied and the lease automatically ceases when all the money has been paid.
(viii) Disclaimer: a right to disclaim a lease arises only by statute. The effect of a valid
disclaimer is the same as if there had been a surrender.
(ix) Frustration: in National Carriers Ltd. V. Panalpina Ltd (1981)the House of Lords held
that the doctrine of frustration can apply in a rare case to a lease of land so as to bring the
lease to an end.
maurice.mutuku answered the question on April 30, 2018 at 11:51
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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“Once in...(Solved)
Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in a lifetime, opportunity to own a one year old Nissan Caravan, low
mileage, Kshs.500,000 cash. The offer is valid for only one day and the car will go to the
first person who accepts it.”
When Mr. B saw the advertisement, he immediately posted a letter of
acceptance of Mr. A‟s offer.
Mrs. C also saw the advertisement and came to inspect the car after which Mrs. C offered Mr.
A a cheque of Kshs. 500,000. However, Mr. A refused to accept the cheque stating that another
potential buyer had already offered to buy the car.
Later in the day Ms D, another interested buyer telephoned Mr. A informing him that she was
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On Monday morning, Mr. A received Mr. B's letter of acceptance. At the same time,
Mr. E returned to complete the transaction. However, in the afternoon Mr. E telephoned Mr. A
to say that he had second thoughts and he no longer wished to purchase the car.
Citing relevant decided cases where applicable, explain the legal principles in the case in
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(a) Mr. A
(b) Mr. B
(c) Mrs.C
(d) Ms. D
(e) Mr. E
Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)