Opinion Writing & Drafting in Contract Law by Carron Ann Russell, Carron-Ann Russell

By Carron Ann Russell, Carron-Ann Russell

This publication has been written for undergraduate scholars, these on vocational classes in addition to the younger practitioner. The e-book considers some of the part elements of a contractual contract. It units out simply the weather within the formation of a freelance, the events, attention, usual phrases, exemption, mistake, misrepresentation, illegality, functionality, breach and frustration. It additionally takes under consideration the treatments of particular functionality, discharge and damages. The components of remoteness, foreseeability and the suitable heads that may have an effect on the quantum of damages are mentioned including how awards should be decreased by means of the deduction of statutory advantages. replacement and different equitable treatments are addressed. genuine and criminal problems with pattern difficulties are handled, emphasising the books useful process.

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Counsel has herewith statement of Mr Ian Kinco. Counsel is asked to advise what Mr Kinco’s position is in relation to the following facts. Counsel will see that instructing solicitors have summarised the situation as best as possible, as no statements are yet to hand and no supporting documents are yet ready. These will be forwarded to counsel as soon as they are prepared. Summary of statement Mr Joshua Smuck placed an advert in the Wisebourne Times, published 3 June, in the following terms: A brilliant buy – 20 new mobile phones at £75 each.

Hence the doctrine does not dispense with the requirement of consideration in the creation of valid contracts. This equitable estoppel operates: where there has been a clear and unambiguous representation by the promisor that they will not enforce their 24 CONSIDERATION strict legal rights against the promisee; and the promisee must then have acted in reliance on the promise (this will usually be to the detriment of the promisee although in W J Alan Co Ltd v El Nasr Export and Import (1972) Lord Denning MR suggested that any specific action in reliance would do); and finally, it must be inequitable for the promisor to go back their word by striving to revive their strict legal rights.

Representations It is in the nature of contractual negotiations that each side will make a number of verbal and/or written statements. As a result of these negotiations agreement will be reached. The status of these statements will become crucial because they determine the remedies available should the statements relied on prove false or an implied promise be broken. For example, if Jo wishes to sell her motorbike to Liz, their final agreement may well be concluded in these terms: Will you accept £800 for the bike?

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