Contracts Law in UK Law
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Houldsworth v City of Glasgow Bank
Action of damages for the fraud against the company. Rescission of the contract. Fraudulent misrepresentations. House of lords... ... for damages by its public officer down to the time of registration, that liability would not have been among the ‘debts, obligations, and contracts’ transferred by the Act 20 and 21 Vict, cap. 49, sec. 8, to the registered company. Lord Cranworth was, I think, too good a lawyer and too accurate ... ...
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Aberdeen City Council v McNeill
Employment appeal tribunal. Breach of contract. Trust and confidence... ... Such a term was explained in Malik v BCCI , [1998] AC 20, to be an incident implied by law into all employment contracts. It is thus sometimes described as the " Malik term", and is a reciprocal obligation that both employer and employee must not: "without reasonable ... ...
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Barton and Others v Morris and another in place of Gwyn–Jones (Deceased)
Claim in unjust enrichment. Quantum meruit. Express terms. Reasonable remuneration. Estate agent. Sale price... ... In December 2012, a company with which Mr Barton had strong links exchanged contracts for the purchase of Nash House for £6.3 million. The purchaser failed to complete despite having paid substantial sums to Foxpace in exchange for ... ...
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Euro Securities & Finance Ltd v Mr Stephen Barrett
Estoppel issue. Limitation period. Attestation clause. Presence of a witness. Balance of probabilities... ... Neither is it addressed explicitly in ‘Formation and Variation of Contracts’ (2018) by Prof. Cartwright at p.7–11. But in a footnote, he mentioned comments of Geraldine Andrews QC (then co-author of Law on Guarantees and ... ...
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Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd
Landlord of conclusive certification powers. Tenant of the total costs. Service charge... ... Those cases concerned different contracts and contexts and are of little assistance in determining the correct interpretation of the wording of these particular leases ... 46 I ... ...
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Canada Square Operations Ltd v Potter
Breach of duty. Right of action. Concealed fraud. Limitation period... ... Rose LJ expressed doubt as to the legitimacy of relying on authorities dealing with the wording of contracts when considering the construction of a statutory provision (para 93). I do not share that doubt. The primary rule of the construction of contracts, ... ...
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Agps Bondco Plc
Rights of the creditors in the insolvency proceedings. Proceeds of sale in the same order of priority as the security enforcement waterfall. Joint representative. Future valuations. Event of default... ... BGB, §305 defines standard business terms as “all contract terms pre-formulated for more than two contracts which one party to the contract (the user) presents to the other party upon the entering into of the contract”. BGB, §307 then provides as ... ...
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Commission Recovery Ltd v Marks & Clerk LLP
Breach of fiduciary duty. Representative action. Secret commission. Particulars of claim. Members of the class. Present case... ... And this information will be available to the Defendants and not simply from the clients ... 58 The dates of the contracts with the First Defendant and with CPA will differ, and amounts paid by and to CPA may differ, but these points do not affect suitability for ... ...
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Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and Others
Stay of legal proceedings for the determination by an arbitral tribunal of a dispute about the quantification of damages. Arbitration agreement. Breach of fiduciary duty. Supply contracts... ... by the Republic, borrowed money from London-based banks apparently to finance the purchase of equipment and services under three supply contracts with the sixth to eighth defendants (“the Privinvest supply companies”) in connection with the Republic's development of its Exclusive Economic ... ...
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AL Mana Lifestyle Trading L.L.C. & Others v United Fidelity Insurance Company PSC
Jurisdiction clause. Second sentence. Mandatory choice of the local law. Local forum... ... For the reasons explained in Lewison, The Interpretation of Contracts (7 th Ed), paras 2.103 to 2.112, and as Mr Kealey's skeleton argument puts it, “impressions (and first impressions and intuition and judgment) ... ...
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