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

Promissory estoppel has yet to be explored fully in the light of decided cases, and some issues remain a little uncertain. Debat ...

Summing up, perhaps it is reasonable to say that the present position is that: Rights are probably extinguished in the situatio ...

Summary Definition Currie v Misa: ‘A valuable consideration may consist either in some right, interest, profit or benefit accru ...

Part-payment of a debt Paying part of a debt is not normally good consideration – Pinnel’s Case, confirmed in Foakes v Beer. Ho ...

5 Critically consider whether there are any circumstances in which the payment of part of a debt may be considered to have satis ...

4 Legal intent In forming a contract, in addition to looking for an offer, acceptance and consideration, the court looks for a g ...

Suppose that one person offers to cook and in return his friend agrees to provide drinks for the occasion. If the meal is ready ...

Problems may arise in this context between other family members, such as parent and child, as in the following case. The followi ...

In the next case Buckpitt v Oates, the plaintiff and defendant were merely friends, but since the social circle has changed over ...

Commercial agreements In commercial agreements the general presumption is that parties do intend to create legal relations, alth ...

The kind of statement found in Rose and Frank v Crompton is known as an honourable pledge clause, one in which the parties bind ...

really mean to be bound, but not others? One important difference between Rose and Frank v Crompton and Carlill may be that when ...

There is now a fair amount of legislation controlling unfair practice in consumer contracts, and if a similar case should revisi ...

Presumption followed – Balfour v Balfour, Jones v Padvatton, Buckpitt v Oates. Presumption rebutted – Merritt v Merritt, Simpki ...

Franco and his friends play for the agreed time each day for three weeks and then send Grandstore an invoice for payment. Grands ...

5 Capacity We have established that the essential ‘ingredients’ of a contract are agreement in the form of offer and acceptance, ...

Corporations Corporations, themselves are protected by the incorporation procedure in company law, which gives them limited liab ...

unaware of the incapacity of the other, and the state of the afflicted party is not apparent, then the contract will be regarded ...

Minors The final category of those protected by the law of contractual capacity is minors, and this is the category of capacity ...

There is a twofold definition of necessaries, therefore, dependant on both social status and a genuine need. The Sale of Goods A ...