Facts
- A lease was purportedly granted ‘for the duration of the war’, referring to World War II
Issue
- Was ‘the duration of the war’ certain enough to grant a good leasehold interest?
Decision
- No
Reasoning
- Neither was the length of the war certain, nor was the method of determining if and when the war had ended
- Prospective certainty is required in the certainty of duration of a lease
- For the other requirements of a lease, see land law notes on leases