| Verrall v Great Yarmouth BC | |
|---|---|
 | |
| Court | Court of Appeal |
| Full case name | Richard Verrall v Great Yarmouth Borough Council |
| Decided | October 10, 11 and 18, 1979 |
| Citation(s) | [1981] QB 202 [1980] 3 WLR 258 [1980] 1 All ER 839 |
| Case history | |
| Prior action(s) | Appellant also lost at High Court. |
| Subsequent action(s) | none |
| Court membership | |
| Judge(s) sitting | Watkins J Lord Denning M.R. Roskill LJ Cumming-Bruce LJ |
| Keywords | |
| Licence relating to property, future event licence for consideration, revocation in breach, unjustified breach, party politics, specific performance | |
Verrall v Great Yarmouth BC [1981] QB 202 is a land and contract law case on the arbitrary revocation of an agreed, future licence in land for good consideration.
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the Anglo-Saxon system of Bookland and in the Anglo-Saxon multiple estate, a feudal system transformed by William the Conqueror and his influx of many new chief landlords after 1066. The modern law's sources derive from the old courts of common law and equity which includes legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002, and the European Convention on Human Rights. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court. Capital taxation, the industrial revolution and reform of the established church has resulted in a shift from predominant ownership by the church and landed gentry to largely agricultural, minority aristocratic ownership. This means today sites for development belong to a complex web of owners able meet market demand-side forces for development, tempered by supply-side forces including the values enshrined in public planning policy to protect green spaces and promote sustainable, locally diverse and socially useful development of land.
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, and to a lesser extent the United States. It is also experiencing gradual change because of the UK's membership of the European Union and international organisations like Unidroit. Any agreement that is enforceable in court is a contract. Because a contract is a voluntary obligation, in contrast to paying compensation for a tort and restitution to reverse unjust enrichment, English law places a high value on ensuring people have truly consented to the deals that bind them in court.
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts. The concept of consideration has been adopted by other common law jurisdictions, including the US.
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It also determined whether the remedy of specific performance was available to the claimant, who succeeded in the action and as respondent against the Council's appeal or whether damages would be a more appropriate remedy. It decided that ordering specific performance was appropriate.
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract. It is typically available in the sale of land, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court.
