-
Topic 7
... one contracting party shall be discharged by the other party:
Tweddle v Atkinson (1861) 1 B & S 393
In consideration of an intended marriage between P and the daughter of William Guy, a contract was made between Guy and the P's ...
-
Traders and the sales of Goods Act
... Satisfactory quality
The requirements of the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973 and the Supply of Goods and Services Act 1982, that goods supplied in the course of a business be of 'merchantable quality' ...
-
Traders and the sales of Goods Act
... Satisfactory quality
The requirements of the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973 and the Supply of Goods and Services Act 1982, that goods supplied in the course of a business be of 'merchantable quality' ...
-
Trust Law: 'Where an unincorporated association is dissolved, the present law presumes that its sur
... leaving property for the purpose of a non-charitable association, is traditionally held invalid under the beneficiary principle. However, there are there are some very rare cases of exception, whilst in Re Denley's Trust Deed, a non-charitable purpose trust was found ...
-
Unauthorised transaction in business law.
... seems to back up the statutory provision that a 3rd party should not concern himself to a great extent on express authority however the Indoor Management Rule does carry the proviso that if the transaction was unusual in terms of ...
-
Unfair Contract Terms Act 1977 and the EC regulations issued in 1999
... incorporate new valid contractual terms. An issue raised in Thornton v Shoe Lane Parking in 1971, the court concluded that, once the payment had been made and a ticket issued for the service, clauses viewed subsequently on notices could not ...
-
Unfair contracts - If you are an individual dealing with a company / business and you enter into a contract and that contract is unfair you may not have to keep to what you have agreed
... was unequal bargaining strength and whether the company / business behaved properly in getting you to agree to the terms of the contract.
If part of a contract is found to be unfair the court will not allow the company ...
-
Using cases to illustrate your answer, explain how the Unfair Contract Terms Act 1977 deals with exclusion clauses and consider whether it has been a help or a hindrance to the consumer.
... care in carrying out a contract; or
b) failing to meet a common law duty of care (i.e., tort); or
c) failing to meet the duty of care under the Occupiers' Liability Act 1957.
Section 2 restricts the ability of one party to ...
-
Valley Homes v. Ace Minerals Corp.
... other details of the tendering process, including a statement that
(1) once submitted the bid could not be withdrawn before the formal opening of all the bids
(2) the lowest bid would be accepted, following the standard practice in the ...
-
Warehouse Ltd. vs. Security Ltd.
... at least 100. Security agreed. That means there had been a bilateral contract exist between the two sides, i.e. Security must supply the cameras as well as Warehouse had to pay the money. But Security Ltd. refused to supply the ...
-
We are the team representing the XYZ Airport Services to negotiate with the Airport Authority, attempting to reach an agreement of contract renewal.
... barriers. This has to concentrate on the common interests of both parties - to solve the problems of delay in luggage delivery to rebuild the reputation and renew the contract. We have to value, which are the most valuable for ...
-
What apparent problems did the doctrine present to Denning J in the High Trees case; and how did he resolve these?
... and the landlord attempted to recover the original £2,500 a year for the period of the bombing. It was decided by Lord Denning that the landlord would be not entitled to back rent of the reduced payments during the bombing, ...
-
What are the advantages of a bill of exchange over other methods of payment?
... A bill can also be payable on demand or by acceptance. An example of the former of these is a cheque. This instrument is in many ways different to other forms of bill of exchange, which in some cases causes ...
-
What are the rules governing the doctrine of frustration in the law of contract? Evaluate it's usefulness.
... responsible for.
The modern test was enunciated by Lord Simon in National Carriers v. Palpina, where frustration arises when 'there supervenes an event (without default of either party, and for which the contract makes no sufficient provision), which so significantly ...
-
What is consumer protection?
... Did not meet its description. Companies and their representatives should describe the goods accurately. If the companies do sell goods that are not as described then the consumer has the right to obtain a full refund. If the company disagrees ...
-
What is meant by the phrase "estoppel can act as a shield but not a sword"?
... Trees House Ltd. after departing from the Pinnel-Doctrine. However sometimes estoppel may be used to create a new cause of action so for example Charles Rickards v Oppenhaim. Here one might say, that estoppel might have been used as a ...
-
What is the doctrine of consideration? Explain its relationship to the equitable doctrine of promissory estoppel.
... LJ view does illustrate the continuing debate surrounding the actual meaning and function of consideration within contract law in the twenty-first century.
Consideration must occur in the present and not in the past for a contract to have legal effect2, but ...
-
What is the Doctrine of Consideration? Explain its relationship to theEquitable Doctrine of Promissory Estoppel.
... money you paid. Here we can see that if there is good consideration then some degree of reciprocity has been fulfilled.
As mentioned in the opening line consideration does not have to be immediate and may be a promise of ...
-
What is the effect of the European Directive 1999/44/EC?
... it is necessary to examine the provisions it implemented into UK law. If we compare these new regulations to the pre-regulations system we can identify the benefits consumers gain from these new regulations. We can establish whether the new regulation ...
-
What protection the law provides for a seller where a buyer becomes insolvent.
... of either specific goods or goods that are subsequently appropriated to the contract the property in the goods will not pass to the buyer until certain conditions imposed by the seller are fulfilled.
Usually the common condition that must be ...
-
What roles, if any, do fairness and unfairness have in the English law of contract?
... to a game or contest, with rules designed to regulate the way in which the game is conducted. These rules must be fair if the game is to be perceived as fair - the rules must apply equally to both ...
-
What, if any, are the differences in scope between the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999?
... all the losses that arise from running a poor service, that cost will simply be passed on to the consumer. Nonetheless whatever the advantages of this argument, there are clearly exclusions that perpetuate an injustice so great that they can't ...
-
When looking at the case in question, many issues arise that have to be dealt with in order to get to the bottom of the case and for the discrepancies into who was at fault to be resolved.
... wrong, or whether Inter Stella Ltd simply made a mistake in the production process consequently causing the product to be at fault. A necessary factor that has to be taken into account is the fact that Bob, although has some ...
-
Whether the common law fiduciary duty or duty of fidelity and good faith gives adequate protection foir employers in the modern era?
... success is determined based on the cost of the quality and quantity of labor deployed to combine these other sources. Conversely, if I am employed, I expect to be paid an agreed amount for the services rendered. The distinguishing feature ...
-
Whether the contract that Amy entered into with FCD would bind SCL?
... enter in to the contract on behalf of the company i.e. SCL but nothing has been mentioned in the case about the authority given to Eddie about entering in to a contract. So I assume that Eddie who entered in ...