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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

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

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]

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

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

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

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

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

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

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

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

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

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

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

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

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]

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

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