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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Which two aspects of the doctrine of consideration are most incongruent with common sense and commercial practice? Should this area of law accord with common sense and commercial practice?
... argue why these two aspects are most incongruent with common sense and commercial practice but should be maintained to uphold contractual fairness.
I perceive these two aspects to be most incongruent with common sense and commercial practice. In relation to adequacy ...
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William Sindall plc V. Cambridgeshire County Council
... common fundamental mistake.
How does the law of common mistake apply to these facts? Atiyah (1989) sets out two conditions that are required for a contract to be held inoperative on these grounds. Firstly the mistake should be 'sufficiently fundamental or ...
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Williams v Roffey Bros and Nicholls (Contractors) Ltd [1990] 1 All ER 512.
... sub-contracted the carpentry work to Williams, the plaintiff. The sub-contract was accepted on a price of £20,000 of which the carpenter would receive interim payments owing to work completed. After work was completed on the roof and nine flats, the ...
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With reference to case law, discuss the difficulties surrounding the legal tests used to identify a contract of employment.
... contractors. These include written particulars of employment; unfair dismissal, redundancy, equal pay, statutory sick pay and maternity rights; health and safety provisions; rights to statutory and contractual notice periods; social security payments; amongst many others. Therefore, it will generally be ...
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Wong Mee Wan v Kwan Kin Travel Services Ltd and others - Contract law.
... including 'Transportation as specified in itinerary', and the tour brochure, which, it was accepted, contained the terms of the contract between the plaintiff's daughter and the first defendant, was headed 'everything more comprehensively and thoughtfully worked out' and referred throughout ...
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Workwell Ltd law case study
... relationship. Both parties had the capacity to do so as there is no information to suggest they were persuaded or pressured to enter into the contract in anyway. The purpose of the contract was also legal and not immoral.
Drainklear ...
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Yates defined an exemption clause as, "a clause in a contract or a term in a notice which appears to exclude or restrict a liability or a legal duty which would otherwise arise"
... Sons v. Williams & Sons Ltd.4 However it is the last two that are the important and relevant to the present case.
In the present case, the two clauses that are the basis of the dispute are:
Paragraph 1 (a), which ...
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“Given the House of Lords’ strict interpretation of the doctrine of offer and acceptance in Gibson v Manchester City Council [1979] 1 All ER 972, would The Satanita [1895] P 248 be decided the same way today?”
... indication of a person's willingness to negotiate a contract. In Gibson v Manchester City Council 2 the courts had to decide whether something said, written or done in the negotiation process was actually a contractual offer capable of acceptance or ...
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“The common element [of the doctrines of both common mistake and frustration] is … that both doctrines are concerned with the allocation of risk of unforeseen events.” Ewan McKendrick Contract Law: Text, cases and Materials (Oxford: OUP, 2005) p.636. Disc
... with a moderate degree of certainty and hence to maximise their freedom of action."2
Both doctrines are concerned with the impossibility of performance of the contract. In Great Peace3 the Court of Appeal considered that common mistake is analogous to ...