Administrative Law

Cavendish: Contract Lawcards by Routledge-Cavendish

By Routledge-Cavendish

The Cavendish "LawCards" disguise the large diversity of matters to be had at the undergraduate legislation programme, in addition to at the CPE/Diploma in legislation path. every one booklet is a whole, pocket-sized advisor to key examinable parts of the legislation syllabus. Their concise textual content, basic format and compact layout lead them to really compatible as revision aids for deciding upon, realizing and committing to reminiscence the salient issues of every subject.

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Example text

But, if a person does, or promises to do, more than he is required to do by law, then he is providing consideration. In Glasbrook Bros v Glamorgan CC (1925), the council, as police authority, on the insistence of a colliery owner, and in return for a promise of payment, provided protection over and above that required by law. Held – they had provided consideration for the promise to pay. • In Ward v Byham (1956), the father of an illegitimate child promised to pay the mother an allowance of £1 per week if she proved that the child was ‘well looked after and happy’.

The court was not prepared to allow Williams v Roffey Bros to overturn a rule laid down by the House of Lords in Foakes v Beer. Promissory estoppel If a promise, intended to be binding, and intended to be acted upon, is acted upon, then the court will not allow the promisor to go back on his promise There are problems with regard to: the origins of the doctrine the scope of the doctrine the effect of the doctrine 30 CAVENDISH LAWCARDS Origins • It was introduced (obiter) by Lord Denning in the Central London Property Trust Ltd v High Trees House Ltd (1947) where owners of a block of flats had promised to accept reduced rents in 1939.

48 CAVENDISH LAWCARDS • In Cehave v Bremer Handelsgesellshaft MBH, The Hansa Nord (1976), the seller had sold a cargo of citrus pellets with a term in the contract that the shipment be made in good condition. The buyer rejected the cargo on the basis that this term had been broken. The defect, however, was not serious, and the court held that although the Sale of Goods Act had classified some terms as conditions and warranties, it did not follow that all the terms had to be so classified. Accordingly, the court could consider the effect of the breach; since this was not serious, the buyer had not been entitled to reject.

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