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.
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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.
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MARCH 1998 13