Question
Jack was in a lease with Douglas for the rental of a farm, including a large barn. In order to secure a lower monthly lease
Jack was in a lease with Douglas for the rental of a farm, including a large barn. In order to secure a lower monthly lease payment, Jack agreed to be responsible for all necessary repairs to the barn, repairs which had to be completed within six months of Douglas giving notice of those repairs being required. Failure to complete those repairs within six months of that notice gave Douglas the right to evict Jack. In January, Douglas gave Jack notice that some of the hand-built trusses in the barn roof needed replacement. Jack started the repairs but then had the idea that perhaps he could purchase the farm outright from Douglas. To Douglas's knowledge, he stopped doing repairs on the roof. "Why would I do repairs on Douglas's timelines when I may just become the owner of the place?" Jack observed to a friend. Jack and Douglas discussed a possible sale of the property for five months at which point negotiations broke down irretrievably. Jack then resumed doing repairs but still had not completed them by the next month. At that point, Douglas served Jack with an eviction notice for failure to make repairs in the six-month notice period. Can Jack rely on the doctrine of promissory estoppel to prevent the running of time this way? Explain.
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