By Carron Ann Russell, Carron-Ann Russell
This publication has been written for undergraduate scholars, these on vocational classes in addition to the younger practitioner. The ebook considers a few of the part elements of a contractual contract. It units out basically the weather within the formation of a freelance, the events, attention, average phrases, exemption, mistake, misrepresentation, illegality, functionality, breach and frustration. It additionally takes under consideration the treatments of particular functionality, discharge and damages. The components of remoteness, foreseeability and the appropriate heads which can impact the quantum of damages are mentioned including how awards could be decreased via the deduction of statutory merits. replacement and different equitable treatments are addressed. authentic and criminal problems with pattern difficulties are handled, emphasising the books functional process.
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Extra info for Opinion Writing & Drafting in Contract Law
Example text
If Susan makes a present of her old motor car to Celia and a year later Celia promises to pay Susan £750 there is no consideration for Celia’s promise as Susan did not give Celia the car in return for it. In this case the old car is not good consideration; it is instead ‘past consideration’ and therefore bad. In determining whether consideration is past, the court will look to see if the consideration and the promise are substantially one transaction. The order of the events is not decisive. However, what is significant is the interval between consideration and promise.
The bank pressed him to give some security and he promised so to do but did not promise themselves not to sue him in the meantime. It was held that there was consideration for the defendant’s promise as the bank had given, and the defendant had received ‘some degree of forbearance’. A forbearance only amounts to consideration for a promise or performance that is induced by it. Where the forbearance is not requested expressly or by implication it is no consideration. In Combe v Combe (1951), a husband during divorce proceedings promised to pay his wife an annual allowance.
It is clear, however, despite this argument that even without considering this aspect a valid contract does exist between Corelco and Cherry Tree Co Ltd based on the duty owed to a third party, ie Duncombe Ltd and it is a contract which is prima facie enforceable. 29 OPINION WRITING AND DRAFTING IN CONTRACT LAW 3 Agreement to accept the £100,000 binding on Corelco Co Ltd Corelco Co Ltd had agreed to accept £100,000 and discount shopping vouchers in place of £200,000. The question is whether this agreement is binding on them as a contract supported by consideration.