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The Rural Voice, 1998-03, Page 17terminate beforehand. This should be the case regardless of whether, at the time of sowing, the lessee was subject to a term certain or uncertain." In addition to concluding that the contract was unenforceable because it purported to give the tenant only the right to harvest which he already had, the Court concluded that the landlord's insistence on the agreement before permitting the tenant to harvest constituted such "undue or oppressive pressure" as to render the agreement unenforceable. Although the tenant had received independent legal advice prior to entering into the agreement, the Court found that the tenant entered into the agreement only because he was "desperate" to harvest his crop Agrilaw to enable him to meet his own contractual obligations with his customers and that: .. the defendant was, in fact, coerced to enter the agree- ment ... It is clear in my view that the pressure exerted on the defendant was not legitimate .. . While I have dealt with the principles of consideration and economic duress separately, I would also conclude that it would be unconscionable to find this `agreement' an enforceable contract in the circumstances." Landlords wishing to stipulate or restrict specific uses of their land should do so at the time the land is leased. The failure of a landlord to impose such conditions may well prevent him from later TRAILER •D•J• MFG. INC. 1056 HWY. #6 N. FLAMBOROUGH, ONT. PHONE 905-689-7100 AVAILABLE IN TANDEM & TRI -AXLE, DECKOVER & WITH FENDERS DEALER INQUIRIES WELCOME obtaining an enforceable agreement from the tenant to abide by his requirements.° Agrilaw is a syndicated column produced by the full service London law firm of Cohen flighley Vogel and Dawson. Paul G. Vogel, a partner in the firm, practices in the area of commercial litigation and environmental law. Agrilaw is intended to provide information to farmers on subjects of interest and importance. The opinions expressed are not intended as legal advice. Before acting on any information contained in Agrilaw, readers should obtain legal advice with respect to their own particular circumstances. TERRA Boots Low Cut Wildsider $ 89.95 Oxford Wildsider $ 79.95 6" Hikers Wildsidcr $ 99.95 Military Styles $119.95 High Cut 1,apildsider w/Scuffed Leather Green Patch $86.95 $69.95 r 70Q Pail. in,Stock Markel ar ale 800-217-1531 986-3533 Mon -Fri 9-6 Sat 8-5 Turn East at Lights 15t corner left We're a wfSTEIm. vA�o, FARM SHOW MARCH 11, 12, 13 Show -Off! We show off the newest, most advanced equipment, technology, products, services and solutions available on the market! Wednesday, Thursday 9 am • 9 pm • Friday 9 am- 4 pm Prosonted by CFPL•TV Cattle Auction Wednesday, March 11 Livestock Pavilion Annual Horse & Tack Auction Thursday, March 12, 1998 Tack at 10:00 a.m. Horses at 12:00 noon Livestock Pavilion Admission $7.00. Children 12 and under are FREE For more information call (519) 438-7203ext. 228 or 1-800-619-4629 Southwestern Ontario's Largest Farm Show! MARCH 1998 13