PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY, ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case,
Words: 2610 - Pages: 11
The definition of ‘consideration’ according to the case of Currie v Misa is that consideration may consist either some detriment suffered by one party or some benefit accruing to the other. Consideration is important to a valid contract because an agreement without a valid consideration is not enforceable. The doctrine of consideration is a very uncertain and incoherent area in the law of contract. The doctrine of consideration involves loads of case law that is contradictory with each other, and is
Words: 1010 - Pages: 5
Legal Issue 1: Donald v Scrooge A. Case Facts * Scrooge engages Donald Contractors to build a pond in his garden. The contract price is $10,000 and the pond due to be completed on 1st September 2012. * Donald deliberately underestimated the cost and quoted a very low price * Unexpectedly, Donald’s sole employee fell sick and is unable to work for a month The price of materials also increases dramatically * Donald approaches Scrooge and request for an extra $5000 otherwise
Words: 871 - Pages: 4
Salford Law - Salford Business School Assessment 1 Module leader: Mr. Donal Loftus Module title &module code: | Contract Law 35587 | Level 4Erasmus program | Title of assignment | In Contract law, how far do you agree with the claim that the traditional rules of consideration have been relaxed in order to maintain effective business relationships? | Programmes undertaking the assignment | LLB (Hons) Law | Pupil | Juan López MartínezID: 004426895 | Hand-in date | Friday November
Words: 2326 - Pages: 10
Nick vs John This case involves an analysis of sufficiency of consideration regarding the performance of an existing contractual duty. There is no dispute with regard to the initial contract between the two parties; the key issue here is whether John can claim the bonus of $1000 from Nick. Provided the consideration has ‘something of value in the eye of the law’ to support the bargain, the courts will not concern themselves with its adequacy and the relative values exchanged. Therefore, it can
Words: 1722 - Pages: 7
bargains are. So if A promises B £1000, B cannot enforce that promise because B has provided no consideration (nothing in exchange) for it. It is traditional to define consideration as a benefit to the promisor or a detriment to the promisee. So in Currie v Misa (1875) LR 10 Ex 153, 162 Lush J stated, ‘A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered
Words: 45706 - Pages: 183
instead, it is just a invitation to treat . Offer is the expression of a person's intention to others to have a legally binding agreement. Offer is not an invitation to treat. Invitation to treat has no legally binding effect. Harvey v Facey [1893] UKPC 1, in case supply of information is not an offer. Martin's words are provision of information, they are not offer. So, no contract formed between Martin and Carmen. Carmen cannot sue Martin for breach of contract. Carmen can make the offer by requiring
Words: 2170 - Pages: 9
Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School
Words: 24271 - Pages: 98
Normally, the following 2 items are needed to form an agreement: - i. Price (e.g. how much is the house that I am going to sell to you?) ii. Property (the seller has to show the buyer the goods or to describe them briefly: Hillas & Co Ltd v Arcos Ltd [1932] All ER Rep 494). * Under the Sale of Goods Ordinance (cap.26 of the Laws of Hong Kong), the buyer is required to pay a reasonable price for his purchased goods if there has not been a specified price in the agreement. Under the Supply
Words: 6034 - Pages: 25
Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer
Words: 54083 - Pages: 217
