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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

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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

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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

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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

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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

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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

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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’

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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

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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

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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

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Majesty’s Revenue and Customs ). For this reason, careful consideration of the case law is essential to identify the true status of individuals, and thereby the obligations on the parties

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The following two cases demonstrate the distinction. In the first case, the mistake related to identity and so the contract was held void, whereas in the second case, the mistake related

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‘integration’ test of Rix LJ was to be preferred. Subsequent cases 20 appeared to favour the control test but, in many of these cases, the possibility of imposing dual vicarious liability

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regarded as essential. It would appear, therefore, that Lord Oliver in Caparo ‘fatally weakened’ 82 the requirement of voluntary assumption—but this may not be the case. All of these

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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

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contract. For example, suppose you were to agree to sell a piece of land, fulfil the essential features of a valid contract, and then decide not to proceed. If you return the deposit

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or metals). 3. In the case of a product that has not been manufactured, won, or abstracted (for example, agricultural products), but which has essential characteristics that are

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latter. Although the rule is limited to cases involving an ambiguity, the courts have been creative in finding ambiguities, as the following case demonstrates. Houghton v Trafalgar

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regarded as coming to an end. In most cases, however, the illness or injury will be less severe and its effects more uncertain. In such cases, a contract will become frustrated at that

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4. The Nature of the Agreement  

Offer and Acceptance

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