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Sir I asked you a question earlier that: R’s wife K expressed the wish that R, if he survived her, should have the use of her house. After K’s death her executor agreed to allow R to occupy the house a) because of K’s wishes and b) on the payment by R of $24 per year
R seeks to enforce this agreement and the Executor wishes to avoid it in order to sell the house. What is the legal position?
Sir , here can’t R enforce the agreement on the basis of his deceased wife’s wishes, on the basis of 2 exceptions of the privity of contract which are as follows:
1) Contract was for 3rd party (R) and he was expressly identified in it
2) Successor (R) can enforce contracts made by the deceased (K) for whom he is acting.
From my perspective the only matter necessary forthe executor to acknowledge was that R was to pay £24 per annum
That may appear to be an inadequate amount … possibly qualifying to be described as a peppercorn rent … But, as a learned judge famously stated, “A peppercorn has a value and even though the other party may not like pepper and throws away the corn, it nevertheless has a value”
So my judgement, as Lord Justice Little, would be that R should be entitled to live in the house for as long as R chooses and continues to pay £24 per annum
OK?
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