COKER v. TAYLOR WOODROW (Civil Case No. 290/66)) [1967] SLSC 1211 (05 February 1967);

Search Summary: 

Contract -conditions and warranties-waiver-when conduct constitutes waiver:

Landlord and Tenant -duration of tenancy-holding over-not made wrongful by demand for possession

Landlord and Tenant -fixtures-removal-fixtures affixed by tenant not generally severable without landlord's consent

Headnote and Holding: 

If one party to a contract by his conduct leads another party to believe that the strict rights arising under the contract will not be insisted upon, intending that the other should act on that belief, and he does act on it, then the first party will not afterwards be allowed to insist on the strict rights when it would be inequitable for him to do so, and he will be taken to have waived performance of the relevant condition of the contract (page 42, lines 21-24, 27-33).

Where a tenant remains in occupation upon the expiry of the term of the lease and the landlord asks him whether he intends to exercise an option for renewal which the lease confers, the tenant's occupation is not wrongful; and it is not made so by a eemand for possession delivered after the date for giving up possession named in the demand (page 39, lines 21-38; page 42, lines 33-34

The general rule regarding fixtures is that when a tenant affixes anything to the demised premises he cannot sever it without the consent of the land- 25 lord (page 42, lines 13-17


Law Report Citation: 
1967-68 ALR S.L. 35