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France v Hight - [1990] 1 NZLR 345

$30.00

Court of Appeal Wellington
11, 20 December 1989
Cooke P, Bisson and Hardie Boys JJ
Contract — Options — Terms of agreement to lease farmland including option to purchase were recorded in letter — Formal lease was never executed and consent of Land Valuation Tribunal although required was not sought — Nevertheless the lessee entered into possession and for some years paid rent — Lessee purported to exercise option to purchase but lessor pleaded that no formal contract had been executed and that contract was illegal — Whether letter constituted a binding contract or was subject to execution of formal lease — Whether contract should have been validated and specific performance ordered — Illegal Contracts Act 1970, s 7. — High Court validated contract and ordered specific performance (see [1987] 2 NZLR 38)

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