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as clearly and succinctly as you can. Structure and coherence is essential. Try to write legibly. Underline your cases. Give yourself time to read over your work and add in any points

earlier court case used as authority for deciding a later case with similar facts. Respondent The name given in an appeal case to the party who has not brought the appeal case. Statute

respect of discrimination law. The majority of cases, however, are brought by individuals against their employers on a case-by-case basis. Compensation is unlimited in the Employment

should examine precedent (earlier cases) and the incremental development of the law by analogy with established authorities. It is only in novel cases, where the established principles

able to: • Explain the nature of contracts ( section 4.2 Essentials of a Contract 4.2 ). • Outline the essential elements of a valid contract ( section 4.3 Issues in Contract

account the content of the agreement and all the circumstances surrounding the case. In the following two cases, disputes arose where one party won a prize and there had been an agreement

provision in the contract itself for overcoming vague terms. In the following case, the parties left out essential details but the contract itself expressly stated how the details were going

quality will make a contract void if the mistake relates to an essential or vital part of the subject matter. The leading case is Bell v Lever Bros (1932), where Lord Atkin stated that

can be an original literary work. The work must be created by the author but it is not essential for it to have taken a long time to complete. A literary work is any work (other than

apply to private sales. In many cases there may be an overlap between goods being suitable for purpose and of satisfactory quality, but there may be cases where only s 14(3) will assist

criminal offence which carries a penalty of a fine and/or imprisonment. It is, therefore, essential for a director to seek professional advice before making such a declaration. Within

assessments, the names of cases (case law) should be presented either as underlined or (as is used in this text) in italics. This immediately identifies when a case is being referred to

vital distinction and requires reference to key cases. Problem questions are often used and may follow a similar form to the facts in case law—adverts in shop windows or newspapers/items

158 NLJ 122 This case indicates the courts’ commitment to give effect to business dealings wherever possible, but the courts will only go so far. Where essential terms are missing

as these are equitable, they must be sought within a reasonable time. Key cases Case Facts Principle Hadley v Baxendale (1854) 156 ER 145 Hadley

become discharged. In some cases (for example, frustration), a contract will be automatically discharged with no possibility of continuance. In other cases (for example, breach), the

Sir Stephen Brown described the case as ‘most anxious and moving [and that his] heart went out to this applicant who wishes to preserve an essential part of her late beloved husband’

40. Case C-83/91 Wienland Meilicke v ADV/ORGA FA Meyer AG [1992] ECR I-4871. 41. Case C-467/04 Criminal Proceedings Against Gasparini and Ors [2006] ECR I-9199. 42. Case C-320–322/90

Learning Outcomes • Identify the nature and essential elements of a legally enforceable agreement ( 5.4 The essential features of a valid contract 5.4–5.4.2.2 ) • Differentiate

the employers in each case were justified in taking remedial action. Authority for: Indirect effect cases are fact specific but the ECtHR has, in these cases, balanced the ability