New PDF release: Cavendish: Contract Lawcards

By Routledge-Cavendish

ISBN-10: 1859415148

ISBN-13: 9781859415146

The Cavendish "LawCards" disguise the wide variety of matters to be had at the undergraduate legislation programme, in addition to at the CPE/Diploma in legislation path. every one booklet is an entire, pocket-sized advisor to key examinable parts of the legislation syllabus. Their concise textual content, common structure and compact structure lead them to relatively compatible as revision aids for picking, figuring out and committing to reminiscence the salient issues of every subject.

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Extra info for Cavendish: Contract Lawcards

Sample text

As such, it was not intended to create legal relations. • Collective agreements are declared not to be legally binding by the Trade Unions and Labour Relations (Consolidation) Act 1992 unless expressly stated in writing to be so. In social and domestic agreements, there is a presumption against legal relations This can be rebutted by evidence to the contrary, for example: • Agreements between husband and wife. In Balfour v 34 CAVENDISH LAWCARDS Balfour (1919), the court refused to enforce a promise by the husband to give his wife £50 per month whilst he was working abroad.

It satisfies the ‘officious bystander’ test, that is, if a bystander suggested a term, the parties would respond with a common ‘of course’. In Spring v NASDS (1956), the union tried to imply the ‘Bridlington Agreement’. ”’. 44 CAVENDISH LAWCARDS The Moorcock doctrine is used in order to make the contract workable, or where it was so obvious that the parties must have intended it to apply to the agreement. It will not be used merely because it was reasonable or because it would improve the contract.

But the former ground does allow a greater degree of flexibility. Performing an existing contractual duty Where the duty is owed to the other party, this cannot be consideration for: A request for extra payment A request to avoid part of a debt A request for extra payment • In Stilk v Myrick (1809), the captain promised the rest of crew extra wages if they would sail the ship back home. after two sailors had deserted. Held – the crew were already bound by their contract to meet the normal emergencies of the voyage and were doing no more than their original contractual duty in working the ship home.

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