Cavendish: Contract Lawcards by Routledge-Cavendish PDF

By Routledge-Cavendish

ISBN-10: 1859415148

ISBN-13: 9781859415146

The Cavendish "LawCards" hide the huge diversity of topics on hand at the undergraduate legislation programme, in addition to at the CPE/Diploma in legislations direction. every one e-book is a whole, pocket-sized advisor to key examinable parts of the legislations syllabus. Their concise textual content, easy structure and compact layout lead them to rather compatible as revision aids for deciding on, realizing and committing to reminiscence the salient issues of every subject.

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Additional info for Cavendish: Contract Lawcards

Sample text

The word ‘condition’ had not been used in this particular sense. There was in the contract a separate clause which indicated when and how the contract could be terminated. • By the court – deciding according to the subject matter of 50 CAVENDISH LAWCARDS the contract (see Poussard v Spiers (1876) and Bettini v Gye (1876) above). If a term is not a condition, then the ‘wait and see’ technique can be used to decide if the gravity of the breach is such that it deprived the innocent party of substantially the whole benefit of the contract.

See Combe v Combe (1951) above. ) • It can be used only as a ‘shield and not a sword’. • The promise not to enforce rights must be clear and unequivocal. In The Scaptrade (1983), the mere fact of not having enforced one’s full rights in the past was not sufficient. promise. In D & C Builders v Rees (1966), Mrs Rees had forced the builders to accept her cheque by inequitable means and so could not rely on promissory estoppel. • The promisee must have acted in reliance on the promise, although not necessarily to his detriment (Alan & Co Ltd v El-Nasr Export and Import Co (1972)).

Their Lordships deferred as to whether, on its true construction, the agreement merely gave Foakes time to pay or was intended to cover interest as well. But they held, even on the latter construction, there was no consideration for the promise and that Foakes was still bound to pay the additional sum. There are situations, however, where payment of a smaller sum will discharge the liability for the higher sum: • where the promise to accept a smaller sum in full settlement is made by deed, or in return for consideration; • where the original claim was not for a fixed sum or the amount is disputed in good faith; • where the debtor does something different, for example, where payment is made, at the creditor’s request, ❍ at an earlier time; ❍ at a different place; ❍ by a different method (it was held in D & C Builders Ltd v Rees (1966) that payment by cheque is not payment by a different method); • where payment is accompanied by a benefit of some kind; • in a composition agreement with creditors; • where payment is made by a third party (see Hirachand It has been argued that to allow the creditor to sue for the remaining debt would be a fraud on the third parties in the last two cases above.

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