This website uses cookies to ensure you get the best experience on our website. Learn more

WJ Alan v El Nasr [1972] 2 All ER 127

By Oxbridge Law TeamUpdated 04/01/2024 06:59

Judgement for the case WJ Alan v El Nasr

Table Of Contents

  • A sold coffee to B, charging in “shs” which could have referred to Kenyan shillings or British sterling. Payment was later accepted in sterling, until it became devalued against the Kenyan pound.

  • CA held that looking at the circumstances the original price was charged in Kenyan shillings.

  • However, Denning LJ held that the sellers had waived their right to be paid in that currency having accepted payment in sterling, while the other two CA judges held that the seller had accepted a variation in the terms of the agreement. 

Lord Denning

  • Where one party induces another to act a certain way by promising not to assert strict legal rights, one cannot immediately renege on that promise, even if the promisee acted in a different way to how one expected, upon learning that the promisor would not assert strict legal rights. 

 ----

Neither the approach of “modification of the contract” makes sense since there is no consideration coming from the promisee (in fact it has been to the seller’s harm), nor the approach of estoppel/waiver (since the circumstances were clearly too unclear given the requirements set out in Woodhouse)

Any comments or edits about this case? Get in touch

For Further Study on WJ Alan v El Nasr

Contract Law Notes
1,511 total pages
749 purchased

Contract law notes fully updated for recent exams at Oxford and Cambrid...

Shipping and International Trade Notes
359 total pages
13 purchased

Shipping and International Trade Law notes fully updated for recent exa...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Contract Law Notes
1,511 total pages
749 purchased

Contract law notes fully updated for recent exams at Oxford and Cambrid...