Question
Sara enters into an oral agreement with old Mr Jones, the lessor, to take a three-year lease of a flat which is a 5 minute
Sara enters into an oral agreement with old Mr Jones, the lessor, to take a three-year lease of a flat which is a 5 minute walk from her university campus. She had to persuade Mr Jones to let her have the flat because he is interested in having a more mature person than Sara occupy it. It is perfect for an older person. However, Sara insists that before moving in she requires certain modifications, such as repainting to more youthful colours, installation of cable, Wi-Fi, shelving to house her modern entertainment system, and an expansion of the bedroom and living areas where she plans to host her study partners. Jones makes the modifications at considerable cost. One day before moving in, Sara accepts an offer of a room in one of the halls of residence on the university campus and calls Mr. Jones to inform him she is not going to take the flat. His blood pressure soars.
Six months later, Mr. Jones feels sufficiently well and has approached you for legal advice.
Advise Mr. Jones.
This question relates to Specific Performance, and if he can be granted it as an equitable remedy.
Part performance also is in play considering that an oral agreement had been made and Mr.Jones carried out modifications on his property. can he claim for specific performance or damages?
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