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Krell v Henry [1903] 2 KB 740 Full case judgment: Search your preferred case law database to access the full judgment for this case, e.g ICLR, Westlaw, LexisNexis. Other p

803 Full case judgment: The reported judgment, cited as [1983] 2 AC 803, is available from the ICLR. Alternatively, you can view the full judgment for this case, cited as [1982]

Full case judgment: The reported judgement, cited as (1840) 49 ER 132, is available from LexisNexis. Alternately, you can view the full judgment for this case, cited as [1840]

‘important’ element in the unconscionable bargain jurisdiction, but that it was not ‘essential in all cases that the party at a disadvantage should suffer loss or detriment by the bargain’

leases. The true distinction is between those cases where the mode of ascertaining the price is an essential term of the contract, and those cases where the mode of ascertainment, though

matter of fact essential to the agreement. The more difficult question is whether or not impossibility should be an indispensable element in a mistake case. The cases do not, as yet

wrongdoing, such as ‘overreaching’ and ‘cheating’. 3. Cases of presumed undue influence are more difficult to classify. The essential idea is that one party has taken advantage of a re

Man) Ltd v Cable & Wireless plc (2005). In this case, the Court of Appeal held that an agreement by the parties, to agree an essential term in the future, was incomplete and unenforceable

to an essential quality of the subject matter Mistake as to an essential quality of the subject matter 271 Diagram 6F Mistakes as to quality: an overview of some cases 272

adopts a subjective approach in the case where one party attempts to ‘snap up’ an offer which he knew that the offeror did not intend and in the case where one party was at fault in failing

of cases concerns contracts that have become illegal after the date of formation. These cases differ from cases where the illegality affected the contract from the outset. Cases that

lacks some essential quality which the parties thought it possessed, can it be argued that the object of the contract is impossible to achieve? 12.39 The leading case of Bell

may well rest on the tenant. But there is a difference between that case and the case where there is an essential means of access, retained in the landlord’s occupation, to units in

coincided in their respective terms. 27 However, these different cases are closely related. It follows from the essential nature of a contract that if there is no agreement between the

part, have therefore no doubt that it is desirable, indeed essential, that the problem in the present case should be the subject of judicial solution by providing proper recognition

standard words of incorporation. … This case is not analogous to either of the two cases upon which the appellant founds. The Interfoto case involved an extortionate clause which did

probable at any early date I would not deal with it in a case where that is not essential. So for the purposes of this case I shall proceed on the footing that the commonly accepted

In the case of agreements entered into in a domestic context the presumption is that the parties did not intend to create legal relations. The leading case is: Balfour