In order for a lease agreement to be valid, the
following essential elements should be present:
1) The parties must agree on the
purpose of the contract, i.e that the leasor is to give and the leasee to
receive the lease and enjoyment of property. See Kessler v Krogmann 1908 TS 290…,.;
2) The identity ...
In order for a lease agreement to be valid, the
following essential elements should be present:
1) The parties must agree on the
purpose of the contract, i.e that the leasor is to give and the leasee to
receive the lease and enjoyment of property. See Kessler v Krogmann 1908 TS 290…,.;
2) The identity of the property.
See Kessler v Krogmann 1908 TS 290; and
3) Rent merces should be agreed
upon. See Neebe v Regulation of Mining Rights 1902 TS 65…, and Uitenhage
Divisional Unit v Port Elizabeth Municipality 1944 EDL (I)…,.
The parties agreed on the purpose
of the contract i.e that the property was to be used as a restaurant. The property was known. Therefore, the second
and third requirements were fulfilled.
The question of rent should be agreed upon. There was
to be consensus.
It is the plaintiff's agreement
that rent was agreed upon while, on the other hand, the defendant maintains
that although it was agreed upon, it was under duress.
Agreement may be express or
implied. It is implied where the lessor informs the lessee the figure he is
expected to let the property for and thereafter the lessee, although not
expressly agreeing to pay the rent stipulated by the lessor, occupies the
property. See Wepnener v Schraader 1903 TS 629 and Gibson and Another v Sanders
1915 EDL 174.
In casu,
the defendant led the plaintiff to believe that the rent was agreed upon and
confirmed this position by paying the first month's rent. At that stage, there
was no doubt that there was consensus and therefore the parties were at ad idem.
The lease agreement was therefore lawfully put in place. In her own words, she admitted that she
deliberately misled the plaintiff. If she did so, surely, it will be improper
to allow her to benefit from her own deceit.
