Book

Cover Essential Cases: Contract Law
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

Cover Essential Cases: Contract Law 5e
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.

Chapter

Cover Essential Cases: Contract Law

Krell v Henry [1903] 2 KB 740  

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

Chapter

Cover Essential Cases: Contract Law

George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803  

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]

Chapter

Cover Essential Cases: Contract Law

Hyde v Wrench (1840) 49 ER 132  

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

Chapter

Cover Anson's Law of Contract

8. Mistake  

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

Chapter

Cover Anson's Law of Contract

11. Illegality  

Jack Beatson, Andrew Burrows, and John Cartwright

appear that almost all torts that have dishonesty as an essential element also constitute crimes. 15 In the Apotex case: The claim by Apotex was for damages under a cross-undertaking

Chapter

Cover Anson's Law of Contract

10. Duress, Undue Influence, and Unconscionable Bargains  

Jack Beatson, Andrew Burrows, and John Cartwright

the particular case. The principle applies to every case where influence is acquired and abused, where confidence is reposed and betrayed. 126 It is not confined to cases where trust

Chapter

Cover Anson's Law of Contract

4. Consideration And Promissory Estoppel  

Jack Beatson, Andrew Burrows, and John Cartwright

recognition of the principle of promissory estoppel in cases since High Trees 171 has led to a more precise definition of its essential elements. (i) A clear promise The promise

Chapter

Cover Anson's Law of Contract

5. The Terms of the Contract  

Jack Beatson, Andrew Burrows, and John Cartwright

the parties. In other cases, a contract is concluded and the stipulation for a credit is a condition which is an essential term of the contract. In those cases the provision of the credit

Chapter

Cover Anson's Law of Contract

19. Restitutionary Awards  

Jack Beatson, Andrew Burrows, and John Cartwright

specifically enforceable and thus creates equitable rights, although in the case of breach of an essential condition as to time relief by way of specific performance is less likely to

Chapter

Cover Anson's Law of Contract

14. Discharge by Frustration  

Jack Beatson, Andrew Burrows, and John Cartwright

of Contract The simplest case is probably that where the performance of the contract is made impossible by the destruction of a specific thing essential to that performance, for

Chapter

Cover Anson's Law of Contract

17. Damages  

Jack Beatson, Andrew Burrows, and John Cartwright

ing chattel, for instance, a merchant or passenger ship, or some essential part of such a ship. 104 In such cases the party injured will be entitled to recover the loss of profit which

Chapter

Cover Anson's Law of Contract

2. The Agreement  

Jack Beatson, Andrew Burrows, and John Cartwright

should have been made to it but the Court held that this was one of the class of cases in which, as in the case of a reward offered for information or for the recovery of lost property, there

Chapter

Cover Anson's Law of Contract

21. Third Parties  

Jack Beatson, Andrew Burrows, and John Cartwright

their negligence, in the first case the will was executed in such a way as to invalidate the gift, and in the second case it was never drawn up. In these cases the relationship created by

Chapter

Cover Anson's Law of Contract

7. Incapacity  

Jack Beatson, Andrew Burrows, and John Cartwright

other essential acts in time of war, and, although the position of an express undertaking is less clear, 20 it is submitted that ‘no contract would be enforced in any case where

Chapter

Cover Anson's Law of Contract

1. Introduction  

Jack Beatson, Andrew Burrows, and John Cartwright

basis of such implication is said to be ‘necessity’ 31 or in the case of custom ‘presumed consent’, 32 in many cases this is rather artificial, and in truth in many standard transactions

Chapter

Cover Anson's Law of Contract

15. Discharge for Breach  

Jack Beatson, Andrew Burrows, and John Cartwright

the trader’s cost. 44 In the case of consumer contracts to supply digital content, the common law remedy of termination is similarly excluded in the case of non-conformity with the terms

Chapter

Cover Anson's Law of Contract

3. Form  

Jack Beatson, Andrew Burrows, and John Cartwright

58 In the leading case on mistake of law, Kleinwort Benson Ltd v Lincoln CC [1999] 2 AC 349, the contract in question was void not unenforceable. For a prior case suggesting that money

Chapter

Cover Anson's Law of Contract

9. Misrepresentation and Non-Disclosure  

Jack Beatson, Andrew Burrows, and John Cartwright

powers in a case of fraud than in a case where no fraud is present; it will be ‘less ready to pull a transaction to pieces where the defendant is innocent, whereas in the case of fraud