Cases - Worboys v Carter

Record details

Name

Worboys v Carter

Date

[1987]

Citation

2 EGLR 1

Keywords

Estate agency

Summary

The defendant was the tenant of a farm. He had fallen on hard times and was sent to jail for 6 months for VAT offences. Creditors were pressing, so his wife took advice from a surveyor, who advised selling the tenancy. The surveyor visited the defendant in prison to obtain authority for sale of the farm. The surveyor believed he had been given authority to sell the farm, but in fact he was merely appointed land agent to deal with landlord and tenant matters in respect of the farm. Subsequently the surveyor accepted a tender from the plaintiff. The plaintiff and his family visited the defendant and his wife 3 times. On the second occasion, the plaintiff pressed the defendant for a completion date because he was selling his own farm, but no date was agreed. On the third occasion, the plaintiff was allowed to measure up the property. At no time did the defendant deny that he had given authority to the surveyor to sell the farm. The plaintiff brought an action for specific performance of the contract.

The Court of Appeal were unwilling to decide the matter on the ground of ratification when it was clear that the defendant at all material times did not wish to be bound by the contract. It was held that the defendant was estopped from denying the contract. It must have been clear to the defendant that the plaintiff believed he had a binding contract. Furthermore, the defendant was aware that the plaintiff was acting on that assumption particularly with regard to the sale of his own farm.