CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

If a contract restricts a person’s freedom to trade or to work it is seen as a starting point to be against public policy and th ...

The need to serve the public Where a business is sold, and there is a need for the public to be served by such businesses, the c ...

Inducement An employee may have knowingly and willingly accepted a restraint in order to take on the post, and may have agreed t ...

The effect of a clause in restraint of trade If a restraint of trade is found to be unreasonable, then it will be void as far as ...

Summary Illegal when formed or performed A contract may be illegal in either of the following situations: when it is formed – R ...

The effect of European law: Article 85 of the Treaty of Rome makes void any practices which adversely affect competition within ...

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Part 4 Discharge and remedies Ending the agreement In forming a true agreement, as described in the first part of the book, the ...

Nobody’s fault If a contract is breached, one party is to blame for the loss to the other. Sometimes, however, something arises ...

14 Discharge of a contract The ending of a contract should normally be very straightforward, since all that is required is that ...

Substantial performance This is where work agreed is almost finished and the court then orders that money must be paid, but dedu ...

Partial performance Partial performance is where some work has been done, but where the degree to which the obligations have bee ...

and by the end of August the painter has not done the work, I would probably want to introduce a term that if the work was not u ...

intended, they would have discharged their contract by agreement. Discharge by agreement arises when a contract is abandoned, or ...

due date the supplier informs the buyer that they are definitely unable to supply, this would be anticipatory breach, and the bu ...

Frustration can then arise, from the definition given above, through: impossibility illegality radical difference between the o ...

However, if there is still some point to the contract, the court may hold that it should continue. This was the finding in anoth ...

Where a party has some control over the event which is claimed to frustrate a contract, it is said to be self-induced, and this ...

Legal effects of frustration At one time when a contract was found to be frustrated it was said that ‘the loss lay where it fell ...

A point to note is that in BP v Hunt (1982) it was suggested that if goods were obtained under a contract which was frustrated, ...