How have courts interpreted the principle set forth in the High Trees case?
Saskatchewan, Canada
The following excerpt is from Royal Trust Corp. of Canada v. Athem Holdings Ltd., Eng-Lock Holdings, Lockhart, Reil, City of Regina and Hilco Walls & Ceilings Co. Ltd., 1984 CanLII 2717 (SK QB):
In the subsequent case of Combe v. Combe, [1951] 2 K.B. 215, Lord Denning explained the principle set forth in the High Trees case as follows at p. 219: It only prevents a party from insisting upon his strict legal rights, when it would be unjust to allow him to enforce them, having regard to the dealings which have taken place between the parties.
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