1-20 of 26 Results

  • Keyword: validity x
Clear all

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

8. Mistake  

M P Furmston

This chapter considers the circumstances in which a mistake by one or both parties may affect the validity of the contract, and discusses the two categories of case: (i) where agreement has been reached, but upon the basis of a common mistake; and (ii) where an apparent agreement is alleged to be vitiated by mutual or unilateral mistake. It also considers cases of documents mistakenly signed, that is, where a person is induced by the false statement of another to sign a written document containing a contract which is fundamentally different in character from that which he contemplated.

Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

9. Misrepresentation, Duress, and Undue Influence  

M P Furmston

This chapter discusses three reasons why a contract may be invalid. These are that it was procured by misrepresentation (basically one party misleading the other), by duress (threats by one party to the other), or by undue influence (one party improperly taking advantage of the other).

Chapter

Cover Business Law

7. Factors Affecting The Validity of a Contract  

This chapter discusses how the manner in which a contract is concluded can potentially affect its validity. Before discussing the terms and details of a contract, it is important to note that a contract may fail due to one or both parties not possessing the capacity to establish a contract. Some of the common reasons includes a mistake by one or both parties, a provision that has been misrepresented in the negotiations, or the use of undue influence or placing the other party under duress in the process of concluding the contract. Some of the reasons listed in this chapter may be common, but the emphasis here is to identify where problems may occur that could prevent the successful operation of the contract despite fulfilling the essential features discussed in the previous chapters.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

21. Public benefit  

This chapter looks at the key charity law concept of ‘public benefit’. It is not enough for a gift, or for an organization, to serve a recognized charitable purpose. If it is to be charitable at law, it must also be good for the community. The requirement that a charity be public means that it should not benefit a very small class of people, or a linked nexus of people. The requirement that a charity be beneficial means that it should not cause any direct social harms. The concept of public benefit is often contentious, particularly as it is applied to religious trusts or independent schools. This is because in the modern law, a great deal is asked of the public benefit test. It is used to filter trusts which will benefit from the privileges of charity, including tax advantages, from those that will not.

Chapter

Cover Contract Law

6. Mistake  

A party who enters a contract because of a mistaken assumption as to background fact can realistically complain that she should not have to take the normal responsibility for her apparent consent. On the other hand, the objective test of intentions renders mistakes irrelevant to the validity of contracts. The chapter explores how contract law balances these competing norms. It discusses: (1) when a claimant can escape a contract due to her unilateral mistake as to: the contractual terms, the nature of the document, or the other party’s identity; (2) when a contract be rectified to correct a mistake in recording it; (3) when a claimant can escape a contract on the ground of her mistaken assumption about the relevant (non-term) facts; (4) the justification for relieving mistake; (5) whether the current law is satisfactory, and if not, how might it be developed.

Chapter

Cover A Practical Approach to Civil Procedure

7. Renewal of Process  

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.

Chapter

Cover Business Law Concentrate

3. Contract II: mistake, misrepresentation, duress, and undue influence  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter considers contract law and the factors that may affect the contract or its validity: mistake, misrepresentation, duress, and undue influence. A contract may be held void due to a fundamental mistake, as the parties did not have a true agreement. An action under misrepresentation is available if an untrue representation is considered ‘actionable’. If a contract is established on the basis of violence (or a threat), or unlawful economic pressure, this may be considered to be a case of duress. Where undue influence has been used to form the contract, it will be voidable.

Chapter

Cover Intellectual Property Law

27. Grounds for Invalidity: Novelty, Individual Character, and Relative Grounds  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter explores the criteria that are applied to determine the validity of a design, whether a registered design in the UK or an unregistered design: the design must be ‘new’; the design must have ‘individual character’; the applicant or the right holder must be entitled to the protected design; and the design must not conflict with earlier relevant rights (including earlier design applications, copyright, trade mark rights, and rights relating to certain types of emblem). The factors to take into account to determine the novelty of a design, such as prior art, are also considered. The chapter concludes by looking at relative grounds for design invalidity.

Chapter

Cover Essential Cases: Land Law

Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover JC Smith's The Law of Contract

23. Common mistake: contracts void for failure of a basic contractual assumption  

This chapter examines contracts which were avoided because of the failure of a basic contractual assumption before the contract has been concluded. If a contract has been concluded based on a particular contractual assumption, then the failure of that assumption before the contract has been concluded means that the contract is void. This is because both parties have made a fundamental mistake about a basic assumption. A contract cannot be void due to a common mistake where the risk of an assumption failing has been allocated to one of the parties under the contract, or where the failure is attributable to the fault of one of the parties. Very few assumptions are held to be ‘basic’; the threshold is set at a very high level. The failure of the assumption must, at the very least, render performance of the contract fundamentally different from what was reasonably envisaged.

Chapter

Cover Clarkson & Hill's Conflict of Laws

7. Marriage  

Jonathan Hill

When the English court has to decide whether a marriage is valid, foreign elements may be involved: one or both of the spouses may be of overseas origin, or the marriage may have been celebrated in a foreign country. This chapter considers which law applies to determine the validity of such marriages. For choice of law purposes, rules about the validity of marriage are divided into two classes: those concerned with formal validity and those concerned with essential validity or capacity to marry. Rules of formal validity lay down the way in which a marriage must be celebrated (for example, to ensure publicity and proof of marriage). Rules of essential validity or capacity are concerned with the permissibility of the marriage relationship itself — whether the parties ought to be allowed to marry each other (or at all). The chapter also discusses the application of the doctrine of renvoi and rules for same-sex marriages, civil partnerships, and polygamous marriages.

Chapter

Cover Contract Law

16. Mistake  

This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Secondly, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.

Chapter

Cover European Union Law

10. Judicial protection and EU remedies  

Albertina Albors-Llorens

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice or the General Court; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.

Chapter

Cover European Union Law

10. Judicial protection before the Court of Justice of the European Union  

Albertina Albors-Llorens

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice or the General Court; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.

Chapter

Cover Business Law

6. Establishing the Contract: Consideration, Intention to Create Legal Relations, and Certainty Of Terms  

This chapter is a continuation of the previous one, and further discusses the essential features of a legally binding, or valid, contract. It puts particular importance on the meaning of ‘consideration’, which is what makes a promise or agreement a ‘bargain’ and, therefore, enforceable. The courts are not bound to, and will not, consider a ‘bare promise’. Parties to a contract must intend it to be legally binding, and not just be social or domestic agreement, and such contracts must contain certain terms that identify the rights and obligations of both parties. Without an understanding of these crucial elements, agreements may be concluded but they will not create an enforceable contract. Also, although a contract is enforceable by those parties to it, this right can be extended to third parties if the contract has been made for the benefit of these parties.

Chapter

Cover Essential Cases: EU Law

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel (Case 11/70), EU:C:1970:114, [1970] ECR 1125, 17 December 1970. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also includes supporting commentary from author Noreen O’Meara.