Book

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.

Book

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.

Book

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.

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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

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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]

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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]

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‘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’

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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

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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

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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

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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

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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

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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

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terms which they regarded or the law requires as essential for the formulation of legally binding relations. However, some cases have suggested that a party’s actual intentions

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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

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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

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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

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Jack Beatson, Andrew Burrows, and John Cartwright

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

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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

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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